Mesa Estate Lawyer, Arizona

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Joseph Stanley Martineau Lawyer

Joseph Stanley Martineau

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Accident & Injury, Medical Malpractice, Nursing Home, Estate, Children's Rights

Joseph Martineau is a practicing lawyer in the state of Arizona. Attorney Martineau received his J.D. from the Brigham Young University, J. Reuben Cla... (more)

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David  Spilsbury Lawyer

David Spilsbury

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Estate, Trusts, Wills & Probate

David Spilsbury is a practicing lawyer in the state of Arizona.

Mark  Atchley Lawyer

Mark Atchley

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Bankruptcy & Debt, Estate, Social Security -- Disability, Power of Attorney

While attempting to keep to a budget and redistribute debt payment in order to keep your family fed or run your business, bills will continue to pile ... (more)

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Thomas Leon Brown Lawyer

Thomas Leon Brown

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Business, Civil & Human Rights, Estate, Lawsuit & Dispute, Mass Torts

Meet Thomas Brown, a skilled problem solver and founding partner of Ernst, Brown, & Draper who works tirelessly to provide his clients with the best p... (more)

Miguel  Cardenas Lawyer

Miguel Cardenas

Business, Civil & Human Rights, Estate, Lawsuit & Dispute, Real Estate
Ellis M Carter Lawyer

Ellis M Carter

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Education, International Tax, Gift Taxation, Corporate

Ellis McGehee Carter is a nonprofit lawyer licensed to practice in Washington and Arizona and advising tax-exempt organizations on federal tax matters... (more)

Teague Richard Lashnits Lawyer

Teague Richard Lashnits

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Accident & Injury, Divorce & Family Law, Business, Real Estate, Estate

Teague Lashnits is a practicing lawyer in the state of Arizona. Mr. Lashnits received his J.D. from the University of Denver Sturm College of Law in 2... (more)

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800-725-9221

James E Vieh Lawyer

James E Vieh

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Estate Planning, Personal Injury, Family Law, Commercial Real Estate, Business

Attorney Jim Vieh earned his undergraduate degree, cum laude, in Government from Harvard. He earned his law degree, as well as an MBA in Finance, fro... (more)

Erin  Leary Lawyer

Erin Leary

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Wills & Probate

Erin Leary has been licensed in Nebraska since 1984, and in Arizona since 2000. She has over 30 years of experience in probate law. She attended C... (more)

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800-396-5060

William Scott Lawler Lawyer

William Scott Lawler

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Trusts, Estate, Securities, Corporate, Contract

Mr. Lawler has over thirty (30) years of experience in representing business clients in formation, organization, corporate governance, corporate finan... (more)


Free Help: Use This Form or Call 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.

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.

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.

OFFICER

A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

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.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

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