Nantucket County, MA Wills & Probate Lawyers
Includes: Estate Administration, Living Wills, Wills
SPONSORED LAWYERS
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Keith M. Yankow
Landlord-Tenant, Wills & Probate, Civil Rights, Transactions
Status: In Good Standing Licensed: 39 Years
3 Sparks Avenue, Nantucket, MA 02554
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LEGAL TERMS
RULE AGAINST PERPETUITIES
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.
ENTITY
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.
CREDIT SHELTER TRUST
See AB trust.
SPRINKLING TRUST
A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.
GENERATION-SKIPPING TRUST
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.
FAILURE OF ISSUE
A situation in which a person dies without children who could have inherited her property.
PETITION
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.
ALTERNATE BENEFICIARY
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.
ESTATE PLANNING
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.
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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