Bainbridge Trusts Lawyer, Indiana
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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.
INVENTORY
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.
CREDIT SHELTER TRUST
See AB trust.
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.
SUCCESSOR TRUSTEE
The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
COUNTERCLAIM
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.
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
Zoeller v. East Chicago Second Century
... It argues on appeal that it was established under the agreement to benefit as a private for-profit
corporation, and that "this non-charitable component eliminates the possibility that a public
charitable trust was created," citing the definition of such trusts, Ind.Code § 30-4-1-2(5 ...
Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos
Norman R. CARLSON, Jr., Individually and As Executor of the Estates of Norman R. Carlson
and Hilda D. Carlson, Deceased, and As Trustee of the Trusts Established Under the Last Wills
and Testaments of Norman R. Carlson and Hilda D. Carlson; Margaret Ann Carlson; Beth ...
Gibbs v. Kashak
... OPINION. MAY, Judge. Sally Gibbs and Jack David Kashak are siblings and the
beneficiaries of their parents' trusts. ... Norbert and Eileen each created a trust and deeded
their assets, including the land, bank accounts, and stocks to their trusts. ...
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