Lowndes County, GA Estate Lawyers

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Jim T. Bennett Lawyer

Jim T. Bennett

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Accident & Injury, Criminal, Divorce & Family Law, Estate, Real Estate
Making Excellence A Standard For Three Generations

Jim T. Bennett has been a member of the State Bar of Georgia since 1998. Jim graduated in the top ten of his class from the Walter F. George School o... (more)

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229-242-6726

Lucy Tomberlin

Social Security -- Disability, Estate Planning, Criminal
Status:  In Good Standing           

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John R. Bennett

Estate, Estate Planning, Elder Law, Non-profit
Status:  In Good Standing           

Marnie Hankinson Watson

Income Tax, Estate Planning, Family Law, Elder Law
Status:  In Good Standing           Licensed:  17 Years

Robert Lyle Lambert

Commercial Real Estate, Wills, Workers' Compensation, Elder Law
Status:  In Good Standing           

Leamon Andrew Smith

Real Estate, Estate Planning, Criminal, Business
Status:  In Good Standing           

Wilton E. Stone

Workers' Compensation, Estate Planning, Business, Wills
Status:  In Good Standing           

J. Stephen Gupton

Corporate, Civil Rights, Collection, Estate Planning
Status:  In Good Standing           

H. Pearce Scott

Elder Law, Wills & Probate, Trusts, Real Estate
Status:  In Good Standing           

Nathanael Darren Brantley

Estate, Divorce & Family Law, Bankruptcy, Accident & Injury
Status:  In Good Standing           Licensed:  11 Years

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LEGAL TERMS

INTER VIVOS TRUST

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

FINAL BENEFICIARY

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 Jan... (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.

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.

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.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

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.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.