Hanover Estate Planning Lawyer, Massachusetts
Includes: Gift Taxation
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2048 Washington St., Hanover, MA 02339
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800 Hingham Street, Rockland, MA 02370
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LEGAL TERMS
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
PROPERTY CONTROL TRUST
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.
KINDRED
Under some state's probate codes, all relatives of a deceased person.
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.
WILL
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.
DISINHERIT
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
INHERIT
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.
CONSERVATOR
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.
SAMPLE LEGAL CASES
Dwyer v. Dwyer
... trust. She alleges that, because of drafting errors, the trust as written fails to give effect
to one of the donor's principal estate planning goals, that is, to transfer his property
to his family while minimizing adverse tax consequences. ...
Shultz v. Shultz
... Hanna and Lucas are the minor children of Arnon. Jean and Samson retained attorney Judah
Rubin to implement an estate plan that would achieve their estate planning goals, one of
which was the minimization of Federal and State estate taxes. ...
Germain v. Girard
... the lawsuit. Alan conducted all communications with Bowditch & Dewey concerning
George's estate plan, initially with Fenton and later with Attorney Maryjo Hart (who
prepared the estate planning documents). On November ...
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