Rockville Wills & Probate Lawyer, Maryland

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Bethany  Shechtel Lawyer

Bethany Shechtel

VERIFIED
Divorce & Family Law, Domestic Violence & Neglect, Wills & Probate, Estate, Juvenile Law

Bethany G. Shechtel is a native Washingtonian and grew up in Montgomery County, Maryland. Bethany is a graduate of Richard Montgomery High School, To... (more)

Clifford A Wilpon Lawyer

Clifford A Wilpon

VERIFIED
Accident & Injury, Collection, Wills & Probate, Real Estate

Welcome to our law firm website. Ferguson & Wilpon was founded in 2001. We are a general practice law firm in Olney, Maryland, a suburb of Washington,... (more)

Roland M. Schrebler Lawyer

Roland M. Schrebler

VERIFIED
Estate, Wills & Probate, Trusts

rms@schreblerlaw.com Roland M. Schrebler practices in the fields of estate and corporate planning, estate and trust administration and taxation. His e... (more)

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Syh  Ambe Lawyer

Syh Ambe

VERIFIED
Business, Immigration, Personal Injury, Wills, International Trade

Syh Ambe is a practicing lawyer in the state of Maryland specializing in Accident & Injury and received their J.D. from the Howard University School o... (more)

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800-941-5640

Sarah  Novak-Nesbitt Lawyer

Sarah Novak-Nesbitt

VERIFIED
Divorce & Family Law, Education, Wills & Probate, Juvenile Law
The Voice You Need, The Advocacy You Deserve

The Family Legal Advocacy Group’s (FLAG) mission is to provide advocacy and education for our clients in family law, child welfare, and education ma... (more)

Ricardo Rosales Todd Lawyer

Ricardo Rosales Todd

VERIFIED
Estate, Wills & Probate

Rick Todd is a Howard County attorney with the experience necessary to help you accomplish your estate planning goals. He is also the author of The Fi... (more)

Nicole  Lemon Lawyer

Nicole Lemon

VERIFIED
Bankruptcy, Criminal, Real Estate, Wills & Probate, Power of Attorney

Nicole Lemon is a practicing lawyer in Forestville, MD. She received her J.D. from the University of New Hampshire School of Law in 2010. She currentl... (more)

Lawrence M. Kramer

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

Morton A. Faller

Estate Administration, Corporate, Bankruptcy Litigation, Bankruptcy
Status:  In Good Standing           

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LEGAL TERMS

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.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

CERTIFICATION OF TRUST

See abstract of trust.

HEIR APPARENT

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

SAMPLE LEGAL CASES

Russell v. Gaither

... On February 3, 2006, Gaither filed with the Register of Wills for Baltimore City a petition for probate based on the July 12, 2005 will, which was admitted to administrative probate. Nearly six months later, on July 26th, Marquitta ...

Attorney Grievance Commission of Maryland v. PLESHAW

... In 1997, the Probate Division of the Superior Court of the District of Columbia ("probate court") appointed Pleshaw to represent Joseph Riley in an intervention proceeding and later the Riley Estate itself. ... A. Maryland Cases Confronting Misappropriation in a Probate Context. ...

Attorney Grievance v. PLESHAW

... In 1997, the Probate Division of the Superior Court of the District of Columbia ("probate court") appointed Pleshaw to represent Joseph Riley in an intervention proceeding and later the Riley Estate itself. ... A. Maryland Cases Confronting Misappropriation in a Probate Context. ...