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Angela Swenson

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Divorce & Family Law, Family Law, Criminal, Divorce, Wills & Probate

At Swenson & Associates, we strive to provide you with the excellent legal representation that you need. We are available to hear your concerns and qu... (more)

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Katie Jo Kawiecki Lawyer

Katie Jo Kawiecki

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Katie Jo Kawiecki is a practicing lawyer in the state of Indiana handling Estate and Family matters.

Carol A. Sparks Drake

Family Law, Medical Malpractice, Wills & Probate, Government Agencies
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Thomas P. Ewbank

Gift Taxation, Estate Administration, Estate Planning, Wills & Probate
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Estate Administration, Estate Planning
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Carrie L. Frantz

Wills & Probate, Wills, Bankruptcy, Trusts
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Jennifer R. Mann

Estate Administration, Estate Planning, Family Law, Adoption
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R. Daniel Craven

Personal Injury, Wills & Probate, Trusts, Wills
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Vicki L. Fortino

Family Law, Banking & Finance, Wills & Probate, Construction
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LEGAL TERMS

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

SURROGATE COURT

See probate court.

SAMPLE LEGAL CASES

In re Adoption of HNPG

... II. Whether the probate court abused its discretion when it admitted deposition testimony of HNPG's mother over Blake's objection; and,. III. ... On February 23, 2007, the probate court issued findings of fact and conclusions of law and found in pertinent part: ...

In re Estate of Eguia

... Telez appeals the probate court's determination that Esther Eguia, Eleazar Gracia, and Mary Jane Gracia are the trustees of the Sociedad and are entitled in that capacity to receive the property left to the Sociedad. ... Telez opened a probate case on July 11, 2005. ...

First Farmers Bank & Trust Co. v. Whorley

... On January 24, 2002, Zehring passed away and a probate estate was opened on February 7, 2002. ... The next day, the trial court terminated First Farmers' guardianship and First Farmers was appointed executor and personal representative of the probate estate. ...