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Memphis Estate Planning Lawyer, Tennessee


Includes: Gift Taxation

John M. Farris

Government Agencies, Estate Planning, Communication & Media Law, Tax
Status:  In Good Standing           

Alexander W. Wellford

Business Organization, Wills & Probate, Dispute Resolution, Estate Planning, Employment
Status:  In Good Standing           

Paul C. Peel

Medical Malpractice, Corporate, Workers' Compensation, Estate Planning, Personal Injury
Status:  In Good Standing           

Patrick G. Walker

Family Law, Corporate, Estate Planning, Real Estate, Contract
Status:  In Good Standing           
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Henry H. Hancock

Products Liability, Family Law, Estate Planning, Admiralty & Maritime, Real Estate
Status:  In Good Standing           

J. Fraser Humphreys

Business Organization, Wills & Probate, Estate Planning, Employment
Status:  In Good Standing           

Robert D. Hyde

Business Organization, Corporate, Estate Planning, Tax
Status:  In Good Standing           

John R. Windsor

Wills & Probate, Corporate, Bankruptcy, Business Organization, Estate Planning
Status:  In Good Standing           

Marye Helen Owen

Business Organization, Banking & Finance, Wills & Probate, Securities, Estate Planning
Status:  In Good Standing           

Michael T. Evangelisti

Wills & Probate, Securities, Corporate, Estate Planning, Contract
Status:  In Good Standing           

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Easily find Memphis Estate Planning Lawyers and Memphis Estate Planning Law Firms. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.

LEGAL TERMS

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

CREDIT SHELTER TRUST

See AB trust.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

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.

CERTIFICATION OF TRUST

See abstract of trust.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

GRANTOR

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

SAMPLE LEGAL CASES

In re Estate of Schisler

... trust. Moreover, both of them accompanied Mrs. Schisler to the meeting with the Maryland lawyer in 2005, when Mrs. Schisler made substantial changes to her estate planning that specifically benefitted Carroll and Linda. Further ...

Tanner v. WHITECO, LP

... requested his daughter Catherine Maness (who worked for her father) to place the Orangeco certificate in the file cabinet, and advised her that he was doing estate planning and that she and her siblings had an interest in the limited partnership. ...

IN RE ESTATE OF GIBSON

... undervalued. She asserts that fraudulent estate planning documents prepared for her father, John C. Gibson, led to the sale of the Gibson Farm for less than its value, resulting in the aforementioned deficiency in Decedent's estate. ...