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Sherwood Wills & Probate Lawyer, Ohio

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Includes: Estate Administration, Living Wills, Wills

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Stephen K Co Lpa Snavely

Real Estate, Wills & Probate, Trusts, Estate, Accident & Injury
Status:  In Good Standing           Licensed:  51 Years
CONTACT
505 4Th, Defiance, OH 43512
Profile LAWPOINTS™32/100
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Jessica Yates

General Practice
Status:  In Good Standing           Licensed:  12 Years
CONTACT
1800 North Perry Street, Ottawa, OH 45875
Profile LAWPOINTS™40/100
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Theresa C. Von Sossan

Litigation, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           
CONTACT
315 E. Main Street, Ottawa, OH 45875
Profile LAWPOINTS™29/100
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LEGAL TERMS

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.

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.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

GRANTOR

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

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

CREDIT SHELTER TRUST

See AB trust.

SAMPLE LEGAL CASES

In re Guardianship of Spangler

... At one of those hearings, the probate court warned the mother: {¶ 3} "I'm going to give some consideration to appointing a guardian ad litem to go out and do investigation as to whether you're the most suitable guardians or not. ... Probate Court Is the Superior Guardian. ...

In re Guardianship of Santrucek

... See RC 2111.02 and 2109.21. She did however file a petition for appointment of a conservator in the probate court of Clinton County, Michigan. Under Michigan law, a conservator is responsible for management of a ward's property and other financial assets. ...

State ex rel. Mowen v. Mowen

... {¶ 3} In April 2005, the Clermont County Court of Common Pleas, Probate Division, ordered that Barbara be involuntarily hospitalized because it found probable cause that she was a mentally ill person subject to hospitalization by court order. ...

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