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A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.
The value of all property owned at death less liabilities or debts.
taking against the will
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.
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.
deed of trust
See trust deed.
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
property control trust
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.
A trust created by a will, effective only upon the death of the willmaker.
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.
Stephen Parker, as administrator of the estate of Irma E. Young, deceased (the Estate), filed this
petition under Probate Code section 850, subdivision (a),  to request an order and judgment
establishing the Estate's ownership of certain real property and personal property held by ...
In this case we must decide whether a widow has the right to use her late husband's frozen sperm
to attempt to conceive a child where her late husband signed an agreement with the company
storing the frozen sperm providing that the frozen sperm was to be discarded upon his ...
Claimants Smith Heavy Industrial Transit Corporation and Advanced Development
Holdings, Inc. (collectively Smith), appeal from a probate court order granting the motion of petitioners
Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a ...