Lucas Wills & Probate Lawyer, Kansas, page 2


Includes: Estate Administration, Living Wills, Wills

Mark De Arthur

General Practice
Status:  Inactive           Licensed:  59 Years

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800-943-8690

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LEGAL TERMS

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.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

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.

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.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

HEIR APPARENT

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

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

SAMPLE LEGAL CASES

In re Estate of Broderick

... telephone. The court then conducted the trial in her absence and admitted the will to probate. ... disabled. Gene Ludwig then filed a petition for the admission of Broderick's will to probate and requested that he be named executor of her estate. ...

In re Estate of Hjersted

... trustee. The same day, he executed his "Last Will and Testament." The will "poured over" probate assets into the trust. ... seq. Thereafter, the district court admitted Norman's will into probate and appointed Lawrence executor of the estate. ...

In re Jones

... This disciplinary case arose out of the respondent's conduct as the administrator of a probate estate. The estate was opened in 1998. ... "5. Peter Regan retained Michael Jones to probate his cousin's estate and paid $500 in attorneys fees. ...