Rehoboth Beach Trusts Lawyer, Delaware


Larry W. Fifer

Real Estate, Wills & Probate, Trusts, Criminal
Status:  In Good Standing           Licensed:  51 Years

Susan Huesman Mitchell

Tax, Corporate, Trusts
Status:  In Good Standing           Licensed:  27 Years

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

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LEGAL TERMS

FUNDING A TRUST

Transferring ownership of property to a trust.

FAMILY POT TRUST

See pot 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.

FAILURE OF ISSUE

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

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

SAMPLE LEGAL CASES

Cargill, Inc. v. JWH SPEC. CIRCUMSTANCE LLC

... With two major carve-outs, the Act explicitly subjects Delaware statutory trusts to existing trust law concepts. Section ... 2. Does the Act itself preempt duties the Cargill Plaintiffs otherwise would have had under the law of trusts? As ...

IN THE MATTER OF LAMMOT DU PONT COPELAND TRUST NO. 5400

... MEMORANDUM OPINION. CHANDLER, Chancellor. This case presents, on summary judgment, the narrow question of whether the assets of two trusts, upon their future termination, are to be distributed to their beneficiaries per stirpes or per capita. ...

IN THE MATTER OF LAST WILL AND TESTAMENT OF DALAND

... The issue before me is whether a validly executed will can be reformed by inserting language intended to exercise testator's powers of appointment over his parents' trusts, language which is alleged to have been omitted mistakenly by the scrivener during the process of drafting ...