La Grande Trusts Lawyer, Oregon

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LEGAL TERMS

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

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.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

PREDECEASED SPOUSE

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

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.

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.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

SAMPLE LEGAL CASES

MARRIAGE OF BROWN

... Husband appeals from a dissolution judgment awarding wife spousal support from husband's interests in two family trusts created by husband's father and grandmother. ... In this appeal, the dispute concerns the disposition of two family trusts of which husband is a beneficiary. ...

Connall v. Felton

... ORS 93.020(1). Plaintiff does not contend that the decedent created an express trust when she deeded the property to defendant. Implied trusts fall into two categories: constructive trusts and resulting trusts. Shipe et al, 206 Or. at 562, 292 P.2d 123. ...

TRUSTS OF VIEANNA ELEANOR ANDERSON TRUST DATED MAY 20, 1987 v. Anderson

275 P.3d 1017 (2012). 248 Or. App. 755. TRUSTS OF VIEANNA ELEANOR ANDERSON TRUST DATED MAY 20, 1987 v. ANDERSON. A146802. Court of Appeals of Oregon. March 7, 2012. Affirmed without opinion.