Indianapolis Wills & Probate Lawyer, Indiana, page 5

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L. Leona Frank

Wills & Probate, Estate Planning, Business, Bankruptcy
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Joanna S. Feltz

Prosecution, Business Successions, Estate Planning, Wills & Probate
Status:  In Good Standing           Licensed:  26 Years

Colleen Skole

Wills, Wills & Probate, Trusts, Estate Planning
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Matthew Michael Cree

Commercial Real Estate, Wills, Business & Trade, Credit & Debt
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Matthew Michael Cree

Commercial Real Estate, Wills, Business & Trade, Credit & Debt
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Kristi Aufderheide Jones

Government, Wills, Estate
Status:  In Good Standing           Licensed:  21 Years

Kristi Aufderheid Jones

Government, Wills, Estate
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Jack G. Hittle

Real Estate, Wills & Probate, Estate Planning, Corporate
Status:  In Good Standing           Licensed:  51 Years

Eric M. Douthit

Wills & Probate, Estate Planning, Family Law, Business Organization
Status:  In Good Standing           Licensed:  27 Years

Beth Sullivan-Summers

Wills & Probate, Trusts, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  38 Years

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LEGAL TERMS

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

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.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

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. ...