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Racine  Miller Lawyer

Racine Miller

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Racine Miller is the managing partner of The Michigan Law Firm, PC. Ms. Miller is an experienced litigator and trial attorney, who can proudly claim ... (more)

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Mark S. Bosler Lawyer

Mark S. Bosler

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Estate, Real Estate, Business Organization, Wills & Probate, Tax

Marc E. Thomas Lawyer

Marc E. Thomas

Tax, Estate, Business, Real Estate Other, Complex Litigation
IRS and state tax disputes; estate and tax planning; & business, will and trust litigation

Marc is a member of Bendure & Thomas law firm and specializes in (1) tax law, including resolving tax debt, audits, trust fund recovery penalty cases ... (more)

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Cortney Nichole Gibson Lawyer

Cortney Nichole Gibson

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Criminal, Estate, Real Estate, Accident & Injury

Bert Tiger Whitehead Lawyer

Bert Tiger Whitehead

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Divorce & Family Law, Estate
Affordable law firm providing help to individuals, small businesses, and non-profits.

Mr. Whitehead is the owner and president of Access Legal Care, PLLC. Although the firm is headquartered in Garden City, Michigan, the firm provides li... (more)

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800-959-7951

Jamie R. Ryke Lawyer

Jamie R. Ryke

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Estate, Estate Planning, Wills & Probate, Trusts
A Lawyer Who Treats You Like Family in Your Time of Need

Mr. Ryke is an Estate Lawyer proudly serving Southfield, Michigan and the neighboring communities.

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800-707-6901

G. Hans Rentrop

Wills & Probate, Corporate, Estate Planning, DUI-DWI
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Charles C. Lillie

Real Estate, Wills & Probate, Trusts, Estate Planning
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Ronald J. Zadora

Entertainment, Estate Planning, Non-profit, Business Organization, Wills & Probate
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Wills, Wills & Probate, Banking & Finance, Bankruptcy
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Lawyer.com can help you easily and quickly find Birmingham Estate Lawyers and Birmingham Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

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.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

SAMPLE LEGAL CASES

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. ...

In re Nestorovski Estate

723 Payne, Broder & Fossee (by Andrew J. Broder) and Underwood & March (by Lauren M. Underwood), Bingham Farms, for the petitioner. ... Kemp Klein Law Firm, PC (by Alan A. May and Debra Nance), Troy, for the respondent. ... Before: SAAD, CJ, and BORRELLO and ...

In re Rudell Estate

During her lifetime, the decedent owned a certain parcel of residential real property located at 1170 Chesterfield in Birmingham, Michigan (the property). In 1982, the decedent properly transferred ownership of the property to the trust. According to the complaint filed in this matter, the ...