Memphis Trusts Lawyer, Tennessee


Kevin Childress

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

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Susan Meier Callison

International Tax, Trusts, Commercial Real Estate, Estate Planning
Status:  In Good Standing           

Susan Meier Callison

International Tax, Trusts, Commercial Real Estate, Estate Planning
Status:  Retired           

Deborah Kaye Brooks

Trusts, Elder Law, Civil & Human Rights, Wills
Status:  In Good Standing           Licensed:  39 Years
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Deborah Kaye Brooks

Trusts, Elder Law, Civil & Human Rights, Wills
Status:  In Good Standing           Licensed:  39 Years

Pamela Warnock Blair

Insurance, Products Liability, Family Law, Trusts
Status:  In Good Standing           

Benjamin Chinn Adams

International, Trusts, Estate Planning, Business
Status:  In Good Standing           Licensed:  41 Years

Pamela Blair

Insurance, Products Liability, Family Law, Trusts
Status:  In Good Standing           

Jason Balestrini

Health Care, Trusts, Criminal, Business & Trade
Status:  In Good Standing           

William Hardin Davis Fones

Estate Planning, Business, Tax, Trusts
Status:  Inactive           Licensed:  80 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

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.

SURROGATE COURT

See probate court.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

SAMPLE LEGAL CASES

State v. Casper

... Olde South had made initial contact with these individuals by holding seminars on estate planning, primarily at senior citizen centers and churches, during which its representatives discussed the importance of establishing living trusts. ...

IN RE RDM

... Resulting trusts and constructive trusts are both created by courts of equity in order to satisfy the demands of justice. One ... failed. Resulting trusts generally are imposed in accordance with the actual or assumed intention of the parties. ...

IN RE ESTATE OF STOREY

... Under Mrs. Storey's will, the residual estate was to be divided into separate trusts of equal value for each of her children, with Mr. Yohanek to serve as trustee for the trusts. In the will, Mrs. Storey also made specific bequests to her each of her three children. ...

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