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Cecil D. St. Pierre Lawyer

Cecil D. St. Pierre

VERIFIED
Accident & Injury, Wills & Probate, Family Law, Criminal

Cecil D. St. Pierre, Jr., who is a partner at Boyer, St. Pierre & Aull, PLLC, became licensed in 1984. St. Pierre has concentrated his practice in t... (more)

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800-942-1270

Kristen  Bedient Lawyer

Kristen Bedient

VERIFIED
Divorce, Estate Planning, Personal Injury, Trusts, Wills & Probate

The attorneys at Serafini, Michalowski, & Derkacz are proud of our successful record of serving clients throughout Michigan with experienced, personal... (more)

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800-786-1931

Thomas J. Tomko Lawyer

Thomas J. Tomko

VERIFIED
Misdemeanor, DUI-DWI, Bankruptcy, Wills & Probate
(586) 795-8822 Criminal Defense - Macomb - DUI DWI - Drunk Driving - Misdemeanor/Felony - Bankruptcy

When its YOUR legal matter, its important, and EXPERIENCE COUNTS. Get your BEST DEFENSE by calling the Law Office of Thomas J. Tomko. Our Attorneys... (more)

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800-736-1791

John A. Nitz

Wills & Probate, Franchising, Business Organization, Banking & Finance
Status:  In Good Standing           
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Charles E. Turnbull

Business Organization, Franchising, Banking & Finance, Wills & Probate
Status:  In Good Standing           

Derek J. Brackon

Business Organization, Family Law, Collection, Wills & Probate
Status:  In Good Standing           

James J. Sarconi

Wills & Probate, Family Law, Business Organization, Banking & Finance
Status:  In Good Standing           

Joseph R. Owens

Wills & Probate, Corporate, Real Estate, Wills
Status:  In Good Standing           

Julie A. Hlywa

Traffic, Wills, Wills & Probate, Family Law
Status:  In Good Standing           

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Kenneth M. Boyer

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

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LEGAL TERMS

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.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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.

FAMILY POT TRUST

See pot trust.

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.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

SAMPLE LEGAL CASES

In re Temple Marital Trust

... Wallace Temple, Petitioner-Appellant, v. Clinton Probate Court Ralph Temple and Dean Temple, Respondents-Appellees. Docket No. 273911. ... Petitioner petitioned the probate court to construe the trust as not allowing Clarence to amend it after Florence's death. . . . ...

In re Smith Trust

... The respondent refused to sell the property to the petitioners. The petitioners filed a petition in the Sanilac County Probate Court, seeking to compel the sale of the land pursuant to the lease agreement. ... As a result, the probate court held that no enforceable agreement existed. ...

In re Kostin Estate

... In Docket No. 272767, respondent Camille A. Kent appeals as of right the probate court's judgment and order following a bench trial, interpreting a will and trust, determining heirs and devisees, and determining title to property after decedent Juanita Kostin's death in 2004. ...