Kismet Estate Planning Lawyer, Kansas

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Stanley Ausemus
About | Practice Areas
Stanley R. Ausemus, Chartered
413 Commercial P.O. Box 1083 Emporia, KS 66801» view map
Estate
Quality Legal Support and Counsel

The locally owned Stanley R. Ausemus, Chartered has a mission to provide quality legal support and counsel to its clients.

800-709-0390
1. Stanley Ausemus Emporia, KS
  Attorney at Law- KS, 1963
  University of Kansas School of Law, J.D.
2. AboutStanley R. Ausemus, Chartered
  Quality Legal Support and Counsel
3. Practice AreasExpertise
  Estate
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2. Email
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Includes: Gift Taxation

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Jacob Patrick Fitzgerald

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Jacob Patrick Fitzgerald

Real Estate, Government, Divorce & Family Law, Accident & Injury

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Richard R. Yoxall

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Grant C. Shellenberger

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Aaron Joseph Gipson

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Lane Landon Frymire

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Nathan Andrew Mccaffrey

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800-923-0641

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LEGAL TERMS

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living 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 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). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

PROBATE

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 pers... (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.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

SAMPLE LEGAL CASES

In re Estate of Hjersted

... The district court also found that the partnership was organized for valid family and business purposes; that Lawrence was the heir apparent of Norman's business; that Norman had an estate planning and business objective to pass the family business to his son; and that HFLP ...

Jeanes v. Bank of America, NA

... sounded only in tort. Jeanes claims that the evidence showed Anton had a contract with Kunard to give estate planning advice and Kunard breached that contract by failing to furnish any estate planning advice. Turning to our ...

IN RE TRUST D UNDER LAST WILL OF DARBY

... "Indeed, many of the cases pretty plainly boil down to nothing more than an attempt to obtain, through post-mortem litigation, the benefits of better, or more sophisticated, estate planning than the settler was able or willing to procure while alive. ...

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Kismet Estate Planning Lawyer, Kansas

Sponsored Law Firm

Stanley R. Ausemus, Chartered

SPONSORED LAWYERS

Tessa M. French

Derek W. Miller

Jacob Patrick Fitzgerald

Jacob Patrick Fitzgerald

Richard R. Yoxall

Lynn Aaron Koehn

Grant C. Shellenberger

Aaron Joseph Gipson

Lane Landon Frymire

Nathan Andrew Mccaffrey

TIPS

LEGAL TERMS

PER STIRPES

INTER VIVOS TRUST

PROBATE

ALTERNATE BENEFICIARY

QDOT TRUST

ADMINISTRATRIX

BYPASS TRUST

SUMMARY PROBATE

DOWER AND CURTESY

SAMPLE LEGAL CASES

In re Estate of Hjersted

Jeanes v. Bank of America, NA

IN RE TRUST D UNDER LAST WILL OF DARBY

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