Greer Estate Lawyer, South Carolina
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John M. Rollins
Real Estate, Wills & Probate, Family Law, Criminal
Status: In Good Standing Licensed: 36 Years
219 Randall St., Greer, SC 29651
Profile LAWPOINTS™34/100
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Rory D. Whelehan
Commercial Real Estate, Trusts, Family Law, Business & Trade
Status: In Good Standing Licensed: 35 Years
38008 Live Oak Ave, Greenville, SC 29603
Profile LAWPOINTS™24/100
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LEGAL TERMS
ENTITY
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.
DEVISEE
A person or entity who inherits real estate under the terms of a will.
MARITAL LIFE ESTATE TRUST
See AB trust.
DOWER AND CURTESY
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.
FUNDING A TRUST
Transferring ownership of property to a trust.
TRUST MERGER
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.
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.
SELF-PROVING WILL
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.
RESIDUARY BENEFICIARY
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.
SAMPLE LEGAL CASES
Robinson v. Estate of Harris
In their amended complaint, Appellants requested the 2000 foreclosure be set aside because
of ineffective service of process on Kathleen and Bobbie L. Brown, the mortgagors of Duggan
Property when it went into foreclosure. On April 27, 2005, Duggan filed an answer in ...
Estate of Carr ex rel. Bolton v. CIRCLE S ENT. INC.
In late September 2000, Linda Carr (Linda) was in the market to buy an automobile. Linda, her
mother Beatrice Carr (Beatrice), and the rest of her family went to the Dealership to purchase
a vehicle for Linda. While negotiating for the purchase of a 1999 Chrysler Sebring ...
In re Estate of Anderson
In re ESTATE OF Jettie Byrd F. ANDERSON Sarah Anderson Lee, Appellant, v. Burney V.
Locklear, III, Individually and as Personal Representative of the Estate of Jettie Byrd F.
Anderson, Edward Eugene Locklear, Otis D. Anderson, Regina A. Mistic, Gale A. ...
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