Newport County, RI Estate Lawyers

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Laurent L. Rousseau

Real Estate, Estate Administration, Estate Planning, Corporate
Status:  In Good Standing           

Robert M. Silva

Wills & Probate, Estate Planning, Family Law, Personal Injury
Status:  In Good Standing           

Jeremiah C. Lynch

Litigation, Wills & Probate, Estate Planning, Family Law
Status:  In Good Standing           

Thomas B. Orr

Land Use & Zoning, Wills & Probate, Corporate, Franchising
Status:  In Good Standing           

David P. Martland

Education, Estate Planning, Civil Rights, Corporate
Status:  In Good Standing           

Andrew A. Thomas

Education, Estate Planning, Family Law, Criminal
Status:  In Good Standing           

William R. Harvey

Estate, Divorce, Bankruptcy, Accident & Injury
Status:  In Good Standing           

Kristy J. Garside

Medicare & Medicaid, Estate, Divorce, Divorce & Family Law, Bankruptcy
Status:  In Good Standing           

Eric F Archer

Estate Planning
Status:  In Good Standing           

Vernon L. Gorton

Real Estate, Elder Law, Trusts, Wills & Probate
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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.

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.

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.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

NET ESTATE

The value of all property owned at death less liabilities or debts.