Minneapolis Wills & Probate Lawyer, North Carolina
Includes: Estate Administration, Living Wills, Wills
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Kathryn G. Hemphill
Federal Trial Practice, Wills, Wills & Probate, Civil Rights
Status: In Good Standing Licensed: 44 Years
Newland, NC 28657
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LEGAL TERMS
PUBLISHED WORK
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.
ESTATE TAXES
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.
TESTAMENTARY TRUST
A trust created by a will, effective only upon the death of the willmaker.
SUCCESSOR TRUSTEE
The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
CERTIFICATION OF TRUST
See abstract of trust.
EXEMPTION TRUST
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.
TRUST DEED
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.
INVENTORY
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.
SAMPLE LEGAL CASES
In re Will of Jones
... Because we believe genuine issues of material fact remain as to the question of undue influence,
we reverse the Court of Appeals, which, in a divided opinion, affirmed the trial court's grant of
summary judgment to Mrs. Jones and its order for the will to be accepted for probate. ...
In re Will of Baitschora
... On 22 June 2007, decedent died in propounder's home. Propounder attempted to probate
the will on 25 June 2007, but when Ms. Weithe informed propounder that the firm could not
handle the matter until August 2007, propounder sought other counsel. ...
IN RE MATTER OF ESTATE OF FORTNER
... UNPUBLISHED OPINION. THIGPEN, Judge. Respondents, the administrators of the Estate of
Johnnie H. Fortner, Sr. ("the Estate"), appeal from an order awarding attorney's fees to petitioner's
attorney for "his services in opposing the probate of a paper writing.". ...
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