Buhler Wills & Probate Lawyer, Kansas, page 3

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Includes: Estate Administration, Living Wills, Wills

Scott D. Jensen

Landlord-Tenant, Wills & Probate, Wrongful Termination, Child Custody
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Christopher W. O'Brien

Real Estate, Wills & Probate, Trusts, Bankruptcy
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  50 Years

Robert Clarence Brown

Real Estate, Lawsuit & Dispute, Wills & Probate, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Kenneth Howard Jack

Patent, Trademark, Wills & Probate, Bankruptcy
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Derek Louis Park

Litigation, Government, Wills, Business & Trade
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  20 Years

Eric J. Larson

Other, Wills, Gift Taxation, Business & Trade
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Theron E. Fry

International, Wills, Gift Taxation, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

SURROGATE COURT

See probate court.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

FUNDING A TRUST

Transferring ownership of property to a trust.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

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.

SAMPLE LEGAL CASES

In re Estate of Broderick

... telephone. The court then conducted the trial in her absence and admitted the will to probate. ... disabled. Gene Ludwig then filed a petition for the admission of Broderick's will to probate and requested that he be named executor of her estate. ...

In re Estate of Hjersted

... trustee. The same day, he executed his "Last Will and Testament." The will "poured over" probate assets into the trust. ... seq. Thereafter, the district court admitted Norman's will into probate and appointed Lawrence executor of the estate. ...

In re Jones

... This disciplinary case arose out of the respondent's conduct as the administrator of a probate estate. The estate was opened in 1998. ... "5. Peter Regan retained Michael Jones to probate his cousin's estate and paid $500 in attorneys fees. ...

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