Comfort Wills & Probate Lawyer, North Carolina
Includes: Estate Administration, Living Wills, Wills
SPONSORED LAWYERS
1-4 of 4 matches. Page 1 of 1
Franklin Mcdevin Huggins
Administrative Law, Personal Injury, Consumer Bankruptcy, Wills
Status: Inactive Licensed: 16 Years
116 E Jones St, Trenton, NC 28585
Profile LAWPOINTS™34/100
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Franklin Mcdevin Huggins
Administrative Law, Personal Injury, Consumer Bankruptcy, Wills
Status: Inactive Licensed: 16 Years
116 E Jones St, Trenton, NC 28585
Profile LAWPOINTS™34/100
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213 E Gordon St, Kinston, NC 28501
Profile LAWPOINTS™30/100
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J. Dewey Edwards
Commercial Real Estate, Wills & Probate, Freedom of Information, Contract
Status: In Good Standing
219 New Bridge Street, Jacksonville, NC 28540
Profile LAWPOINTS™29/100
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LEGAL TERMS
SUCCESSOR TRUSTEE
The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.
INCOMPETENCE
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'
GENERATION-SKIPPING TRANSFER TAX
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.
SWEARING MATCH
A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.
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.
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.
PROBATE
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.
DEATH TAXES
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.
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.
SAMPLE LEGAL CASES
In re Will of Jones
... Because we believe genuine issues of material fact remain as to the question of undue influence,
we reverse the Court of Appeals, which, in a divided opinion, affirmed the trial court's grant of
summary judgment to Mrs. Jones and its order for the will to be accepted for probate. ...
In re Will of Baitschora
... On 22 June 2007, decedent died in propounder's home. Propounder attempted to probate
the will on 25 June 2007, but when Ms. Weithe informed propounder that the firm could not
handle the matter until August 2007, propounder sought other counsel. ...
IN RE MATTER OF ESTATE OF FORTNER
... UNPUBLISHED OPINION. THIGPEN, Judge. Respondents, the administrators of the Estate of
Johnnie H. Fortner, Sr. ("the Estate"), appeal from an order awarding attorney's fees to petitioner's
attorney for "his services in opposing the probate of a paper writing.". ...
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