East Blue Hill Wills & Probate Lawyer, Maine
Includes: Estate Administration, Living Wills, Wills
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20 Oak Street, Ellsworth, ME 04605
Profile LAWPOINTS™19/100
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Melissa M. Hale
Real Estate, Wills & Probate, Estate, Elder Law
Status: In Good Standing Licensed: 34 Years
Ellsworth, ME 04605
Profile LAWPOINTS™34/100
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20 Oak St, Ellsworth, ME 04605
Profile LAWPOINTS™30/100
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LEGAL TERMS
OFFICER
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.
DISCHARGE (OF PROBATE ADMINISTRATOR)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
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.
GROSS ESTATE
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.
ALTERNATE BENEFICIARY
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.
DEVISEE
A person or entity who inherits real estate under the terms of a will.
DEED OF TRUST
See trust deed.
PROVING A WILL
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.
SAMPLE LEGAL CASES
In re Estate of Kingsbury
... Dissent: SAUFLEY, CJ, and ALEXANDER, and SILVER, JJ. CLIFFORD, J. [¶ 1] The estate of
Bruce H. Kingsbury, through its personal representative, Robin L. Whorff, appeals from an order
entered in the Sagadahoc County Probate Court (Voorhees, J.) (1) providing that Whorff ...
IN RE ESTATE OF LIPIN
... PER CURIAM. [¶ 1] Joan Carol Lipin challenges the denial of her request for recusal
entered in the Cumberland County Probate Court (Mazziotti, J.) in connection with
the probate of the estate of her father, Theodore Lipin. We ...
Edwards v. Campbell
... Campbell has appealed. II. DISCUSSION. [¶ 6] Campbell first contends that the court lacked
subject matter jurisdiction to issue the contempt order as to the trust accounting, arguing instead
that the Probate Court has exclusive jurisdiction over such matters. ...
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