Holbrook Wills & Probate Lawyer, Massachusetts
Includes: Estate Administration, Living Wills, Wills
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71 Legion Parkway, Brockton, MA 02301
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Laura Anastasia Brown
International, Wills & Probate, Banking & Finance, Medical Malpractice
Status: In Good Standing Licensed: 31 Years
116 Intervale Street, Brockton, MA 02302
Profile LAWPOINTS™42/100
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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.
SPECIAL ADMINISTRATOR
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process
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.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
ACCUMULATION TRUST
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.
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.
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
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.
ANCILLARY PROBATE
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.
SAMPLE LEGAL CASES
Brantley v. Hampden Division of the Probate and Family Court Department
Two petitioners filed an amended complaint in the county court seeking relief under GL c.
211, § 3, as well as declaratory and injunctive relief, to halt the respondents' use of the protocols
on the ground that they infringed the petitioners' rights of due process under the Federal ...
Davidson v. Register of Probate for Essex County
[2] Davidson failed in his petition to name as a respondent the mother of the child, who was his
adversary in the underlying litigation. See SJC Rule 2:22, 422 Mass. 1302 (1996); Jordan v.
Register of Probate for Hampden County, 426 Mass. 1020 (1998). ... [3] Further appellate ...
Watson v. Walker
... Lawrence Watson appeals from a judgment of a single justice of this court denying his petition
for relief pursuant to GL c. 211, § 3. [2] Watson seeks relief from a decision of the Appeals Court
affirming a final judgment of the Probate and Family Court. LW v. SW, 68 Mass. App. ...
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