A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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.

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.

HEIR APPARENT

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

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

DEED OF TRUST

See trust deed.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

GRANTOR

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

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.

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

... We are not persuaded. Indiana Code section 29-3-9-4, referred to by our supreme court as Indiana's guardianship estate planning statute, provides. (a) Upon petition of the guardian (other than a temporary guardian) or any ...

In re Guardianship of Phillips

... On May 19, 2009, Hudson filed a petition to do estate planning on Donna's behalf and revoke the Joint Trust. ... Id. at 8. In its judgment, the trial court denied Hudson's petition to do estate planning and revoke the Joint Trust and declared the Joint Trust shall remain in effect. ...

Leever v. Leever

... fraud. Title 42 of the United States Code section 1396(a) expresses the legislative intent that the Medicaid program should not be used as an estate planning tool. Forsyth v. Rowe, 226 Conn. 818, 828, 629 A.2d 379, (1993). ...

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Perry County, IN Estate Planning Lawyers, page 2

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LEGAL TERMS

ANCILLARY PROBATE

INVENTORY

GENERATION-SKIPPING TRUST

HEIR APPARENT

INTESTATE

DEED OF TRUST

TRUST MERGER

GRANTOR

SURVIVING SPOUSE'S TRUST

SAMPLE LEGAL CASES

First Farmers Bank & Trust Co. v. Whorley

In re Guardianship of Phillips

Leever v. Leever

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