Port Townsend Trusts Lawyer, Washington
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Doris F Hardyman
Real Estate, Wills & Probate, Trusts, Estate
Status: In Good Standing Licensed: 43 Years
310 Saddle Dr, Port Townsend, WA 98368
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LEGAL TERMS
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
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 In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint.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
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.
SUCCESSION
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.
TAKING AGAINST THE WILL
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.
TESTAMENTARY TRUST
A trust created by a will, effective only upon the death of the willmaker.
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.
CHARITABLE TRUST
Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).
HEIR AT LAW
A person entitled to inherit property under intestate succession laws.
SAMPLE LEGAL CASES
Jain v. JP Morgan Securities, Inc.
... 3 For the benefit of their children, Jain and his wife Anuradha established three trusts
for which Jain's brother served as trustee. Two ... certificates. Two of the trusts were entitled
to nearly one million shares, and the third to 500,000 shares. ...
BOARD OF TRUSTEES OF GLASSWORKERS & INDUSTRY HEALTH/SECURITY TRUST FUND v. BOOTH GLASS CO.
... In October 2006, the Board of Trustees of the Glassworkers and Industry Health & Security Trust
Fund, Western Glaziers Retirement Trust Fund, and Puget Sound Northwest Glaziers &
Glassworkers Apprenticeship and Training Trust Fund ("the Trusts") filed a complaint for ...
SEVEN v. STOEL RIVES, LLP
... The law firm of Stoel Rives, LLP, prepared a will for Resoff. The will appointed Seven and George
Steers, a lawyer at the firm, co-executors of his estate and co-executors of his testamentary trusts. ...
She sought damages and an equitable portion of several of the trusts. ...
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