Newark Wills & Probate Lawyer, Delaware
Includes: Estate Administration, Living Wills, Wills
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1-4 of 4 matches. Page 1 of 1
Plaza 273 & 1-95, Bear, DE 19701
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Kevin A O'Brien
Estate Administration, Gift Taxation, Estate Planning, Elder Law
Status: In Good Standing Licensed: 44 Years
3801 Kennett Pike, Wilmington, DE 19807
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Michael J. Goodrick
Banking & Finance, Real Estate, Trusts, Wills & Probate
Status: In Good Standing Licensed: 50 Years
18BTrolley Sauare, Wilmington, DE 19899
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21 Brandywine Falls Rd, Wilmington, DE 19806
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LEGAL TERMS
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.
PER CAPITA
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).
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.
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.
LAPSE
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.
DISINHERIT
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.
SWEARING MATCH
A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.
INTESTATE
The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.
PROBATE COURT
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.
SAMPLE LEGAL CASES
Reis v. Hazelett Strip-Casting Corp.
... The will was probated before the Probate Court in and for Chittendon County, Vermont (the
"Probate Court"). B. Bill And David Respond To The Bequests. ... At a probate hearing in February
2005, two such individuals asserted that they were entitled to shares under the will. ...
Eaton v. Larrimore
... The couple, however, never remarried. After Mr. Larrimore's death, Mrs. Larrimore attempted
to admit the 1999 document to probate. ... The Kent County Register of Wills determined that
the 1999 document was not a will, and therefore declined probate. ...
Sloan v. Segal
... In March 2003, Louis obtained a limited voluntary guardianship from a Florida probate
court over Patricia's property to press the claims regarding the assets of the Martin
Sloan Trust on Patricia's behalf. Louis failed to disclose ...
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