La Grande Wills & Probate Lawyer, Washington
Includes: Estate Administration, Living Wills, Wills
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Keith D. Armstrong
✓ VERIFIEDEstate, Wills & Probate, Business, Contract, Business Organization
I am a Strong Protection Attorney, allow me to protect what matters to you . . .
841 174Th St S, Spanaway, WA 98387
Profile LAWPOINTS™63/100
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Roberta Lynn Armstrong
Wills, Estate Planning, Estate, Indians & Native Populations
Status: In Good Standing Licensed: 15 Years
Yelm, WA 98597
Profile LAWPOINTS™32/100
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Gerald Lee Hulscher
Wills, Estate Planning, Estate, Personal Injury
Status: In Good Standing Licensed: 62 Years
919 304Th St S, Roy, WA 98580
Profile LAWPOINTS™22/100
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Glen Evan Templeton
Military, Landlord-Tenant, Wills & Probate, Family Law
Status: In Good Standing Licensed: 27 Years
Tacoma, WA 98433
Profile LAWPOINTS™22/100
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LEGAL TERMS
BYPASS TRUST
A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.
ABATEMENT
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.
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.
SPECIFIC BEQUEST
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.
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.
INTESTATE SUCCESSION
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.
GRANTOR
Someone who creates a trust. Also called a trustor or settlor.
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.
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
In re Disciplinary Proceeding Against Stansfield
... 4 According to Stansfield, he was retained solely to probate the estate to facilitate collection of
the Farmers insurance money. ... It is uncontested that Stansfield promptly filed the probate in Grant
County Superior Court and Urquilla was appointed personal representative. ...
Perrin v. Stensland
... 7 On August 15, 2006, the Van Weerdhuizens' son, Dale, was appointed personal representative
of Gordon's estate in a probate opened in Whatcom County. The probate file included Gordon's
will, in which Hattie was the first nominee for personal representative. ...
IN RE ESTATE OF PALMER
... [7]. ¶ 13 Under RCW 11.24.010, an interested party must contest a will within four months
following probate. The trial court admitted the Palmers' wills to probate on June 22, 2004. ... If
no person shall appear within the time under this section, the probate ... ...
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