Harper Wills & Probate Lawyer, Iowa
Includes: Estate Administration, Living Wills, Wills
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LEGAL TERMS
DEED OF TRUST
See trust deed.
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.
MARITAL LIFE ESTATE TRUST
See AB trust.
LIFE BENEFICIARY
A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.
AB TRUST
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
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.
REAL ESTATE AGENT
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.
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.
SAMPLE LEGAL CASES
IOWA SUPREME COURT ATTY. DISCIPLINARY BD. v. Casey
... The Iowa Supreme Court Disciplinary Board alleged the respondent, Marc Casey, violated ethical
rules by neglecting client matters, failing to timely disburse funds, misrepresenting the status
of an estate to the court, prematurely taking probate fees, and failing to cooperate with ...
IOWA SUPREME COURT ATTY. DIS. BD. v. Wagner
... The Iowa Supreme Court Disciplinary Board alleged the respondent, James L. Wagner, violated
ethical rules by neglecting client matters, prematurely taking probate fees, misrepresenting the
status of an estate to the court, failing to deposit unearned fees in his trust account ...
IOWA SUPREME COURT ATTY. DISC. BD. v. Marks
... In this disciplinary action, Samuel Z. Marks neglected two probate estates and failed to cooperate
with the Iowa Supreme Court Attorney Disciplinary Board ("Board"). ... The Board alleged Marks
neglected two probate matters and failed to cooperate with the Board's investigation. ...
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