Mystic Trusts Lawyer, Connecticut
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Neal Marks Bobruff
Dispute Resolution, Wills, Trusts, Estate, Civil Rights
Status: In Good Standing Licensed: 37 Years
27 Coogan Blvd, Mystic, CT 06355
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Robert E. Simpson
Divorce & Family Law, Wills & Probate, Trusts, Child Support
Status: In Good Standing Licensed: 18 Years
P.O. Box 115, Gales Ferry, CT 06335
Profile LAWPOINTS™61/100
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LEGAL TERMS
GENERATION-SKIPPING TRUST
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.
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.
ENTITY
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.
DEVISEE
A person or entity who inherits real estate under the terms of a will.
FUNDING A TRUST
Transferring ownership of property to a 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.
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.
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.
SUMMARY PROBATE
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.
SAMPLE LEGAL CASES
Taylor v. BARBERINO
... The plaintiffs, Marsha B. Taylor, formerly known as Marsha B. Petruzelli, and the accounting firm
of Draskinis & Reims, PC, trustee of the Marsha B. Petruzelli Accumulation Trust and the Marsha
B. Petruzelli Spray Trust (trusts), appeal from the summary judgment rendered by ...
Barber v. Barber
... At the hearing, the plaintiff disclosed that various partnership assets, including funds
related to the sale of real property, had been transferred into two trusts in which he
had a financial interest. Despite being directed by Kosowsky ...
Barber v. Barber
... At the hearing, the plaintiff disclosed that various partnership assets, including funds
related to the sale of real property, had been transferred into two trusts in which he
had a financial interest. Despite being directed by Kosowsky ...
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