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Tensed Trusts Lawyer, Idaho
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LEGAL TERMS
IRREVOCABLE TRUST
A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.
LETTERS TESTAMENTARY
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.
INTER VIVOS TRUST
The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'
POUR-OVER WILL
A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.
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.
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.
FAMILY POT TRUST
See pot trust.
PUBLIC ADMINISTRATOR
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
SAMPLE LEGAL CASES
Soignier v. Fletcher
... Cowan did not have any beneficial interests in any other trusts. ... The will provided that all of Cowan's
remaining beneficial interests in any trusts be devised to Mary Killins Soignier, Appellant. It also
referred to a written list of items and intended recipients that was never located. ...
Soignier v. Fletcher
... Cowan did not have any beneficial interests in any other trusts. ... The will provided that all of Cowan's
remaining beneficial interests in any trusts be devised to Mary Killins Soignier, Appellant. It also
referred to a written list of items and intended recipients that was never located. ...
Soignier v. Fletcher
... Cowan did not have any beneficial interests in any other trusts. ... The will provided that all of Cowan's
remaining beneficial interests in any trusts be devised to Mary Killins Soignier, Appellant. It also
referred to a written list of items and intended recipients that was never located. ...
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