Talpa Wills & Probate Lawyer, Texas
Includes: Estate Administration, Living Wills, Wills
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Elizabeth O'connor
Family Law, Wills, Oil & Gas, Commercial Real Estate
Status: In Good Standing Licensed: 37 Years
Ballinger, TX 76821
Profile LAWPOINTS™24/100
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Ross L. Jones
Commercial Real Estate, Oil & Gas, Industry Specialties, Wills
Status: In Good Standing Licensed: 63 Years
Coleman, TX 76834
Profile LAWPOINTS™19/100
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Kenneth H. Slimp
Commercial Real Estate, Oil & Gas, Wills, Family Law
Status: In Good Standing Licensed: 46 Years
Winters, TX 79567
Profile LAWPOINTS™19/100
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LEGAL TERMS
CERTIFICATION OF TRUST
See abstract of trust.
DISTRIBUTEE
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.
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.
RESIDUARY ESTATE
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.
ABSTRACT OF TRUST
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'
SECONDARY MEANING
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.
HEIR AT LAW
A person entitled to inherit property under intestate succession laws.
SUMMARY PROBATE
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.
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.
SAMPLE LEGAL CASES
Frost Nat. Bank v. Fernandez
... The principal issue on appeal is whether the district court had jurisdiction to render summary
judgment when similar bill of review proceedings and applications 497 for determination
of heirship were pending in the probate court. ... 3. Probate Code. ...
In re Estate of Gaines
... The will also named Green and his wife the guardians of Gaines's children. Davis did not submit
an application to probate Gaines's will for over three years after Gaines's death. ... In response, Davis
submitted an application to probate Gaines's will on October 13, 2006. ...
In re Estate of Walker
... They appeal from an order of the probate court denying them relief in their complaint regarding
an amended inventory filed by the independent executor of the deceased's estate. ... Beasley filed
an application to probate the deceased's will on August 18, 2003. ...
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