Lima Estate Lawyer, Ohio

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LEGAL TERMS

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

LIFE BENEFICIARY

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

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

SAMPLE LEGAL CASES

Estate of Beavers v. Knapp

{¶ 2} This action arises out of an October 9, 2001 motorcycle-truck collision that resulted in the death of Robert L. Beavers Jr. Knapp, who was newly 765 employed as a truck driver by Rush, was traveling from the Rush facility in Dayton, Ohio to Columbus, where he was ...

Estate of Stevic v. Bio-Medical Application of Ohio, Inc.

{¶ 3} In October 2003, Donald Stevic went to the Richland County Kidney Dialysis Center for dialysis treatment. Appellant, Bio-Medical Application of Ohio, Inc., dba FMC Dialysis Services of Richland County ("Bio-Medical"), owns and operates the Richland County Kidney ...

Estate of Graves v. Circleville

{¶ 1} This appeal involves the availability of the public-duty rule as a defense to liability of employees of a political subdivision. Appellants, Circleville Police Department Officers Peter Shaw, William Eversole, and Ben Carpenter [1] ("the officers"), assert that the public-duty rule governs ...

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