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A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
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 (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.
A trust created by a will, effective only upon the death of the willmaker.
The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.
inter vivos trust
The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'
Someone who creates a trust. Also called a trustor or settlor.
... disputed transfers from the trust. Dorothy Gutsgell and her husband, who had no
children of their own, executed a series of estate planning documents, using the law
firm of Ruden McClosky for their planning. In 1992 Dorothy, as ...
... Petitioners filed suit against Respondent for trade secret theft, tortious interference with a
business relationship, and trade libel. In 1999, Petitioners retained Anthony Palma, an attorney
in Broad and Cassel's Orlando office, for estate planning services. ...
... In 2000, Dorothy L. Powers and her husband, Albert Powers, retained Kenneth B. Wheeler, an
estates and trust attorney, to prepare estate planning documents. ... . On December 20, 2004,
Dorothy created several new estate planning documents through a different attorney. ...