Whiting Wills & Probate Lawyer, Vermont


Includes: Estate Administration, Living Wills, Wills

Richard G. English

Commercial Real Estate, Electronic Commerce, Wills, Corporate
Status:  In Good Standing           

Robert S. Pratt

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

Stephen A. Dardeck

Real Estate, Wills, Divorce, Personal Injury
Status:  In Good Standing           

Theodore F. Robare

Private Schools, Limited Liability Companies, Commercial Real Estate, Wills
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

DEED OF TRUST

See trust deed.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

FUNDING A TRUST

Transferring ownership of property to a trust.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

INTER VIVOS TRUST

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

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

SAMPLE LEGAL CASES

In re Estate of Lamore

... Although minor daughter's mother initially consented to decedent's mother becoming administrator, she later revoked that consent and asked the probate court to appoint her administrator. The probate court held that because ...

Carvalho v. Estate of Carvalho

... and due to her advanced age, may not be making decisions that are in her long term best interest." In September 2006, when nephew was no longer executor, he formally objected to the disclaimer in the probate court. ¶ 9 ...

IN RE APPEAL OF ESTATE OF PERRY

... In the above-entitled cause, the Clerk will enter: ¶ 1. Probate law generally treats a will and all valid codicils thereto as a single testamentary instrument. ... The superior court found that the purported agreement controls, notwithstanding the probate court order to the contrary. ...