Chinle Estate Planning Lawyer, Arizona, page 4


Includes: Gift Taxation

Tamsen L. Holm

General Practice
Status:  In Good Standing           

Terrelene Gene Massey

General Practice
Status:  In Good Standing           

Daniela Dwyer

Employee Rights, Employment
Status:  In Good Standing           Licensed:  21 Years

Doreen N. McPaul

Indians & Native Populations, Gaming & Alcohol, Health Care Other, Life & Health
Status:  In Good Standing           

Doreen N. Mcpaul

Gaming & Alcohol, Indians & Native Populations, Health Care Other, Life & Health
Status:  In Good Standing           

Doreen N Mcpaul

Indians & Native Populations, Gaming & Alcohol, Health Care Other, Life & Health
Status:  In Good Standing           Licensed:  23 Years

Lorenzo Curley

General Practice
Status:  In Good Standing           

Rodolfo D. Sanchez

Industry Specialties
Status:  In Good Standing           Licensed:  34 Years

Katherine C. Belzowski

General Practice
Status:  In Good Standing           Licensed:  13 Years

Ethel Billie Branch

Environmental Law Other, Indians & Native Populations, Administrative Law, Native People
Status:  In Good Standing           Licensed:  78 Years

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LEGAL TERMS

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.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

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.

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.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

CERTIFICATION OF TRUST

See abstract of trust.

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.

SAMPLE LEGAL CASES

IN RE THE MARRIAGE OF RYE

... testified convincingly and presented persuasive evidence that there was no intent to transfer any ownership interest in the house to Wife." The trial court explained that "[i]n making this decision, the court relies on the fact that the purpose behind the Trust was estate planning . . . ...

COCHENNOUR v. DELOUGHERY

... For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY. ¶2 In 2007, Cochennour hired Deloughery to prepare an amendment to his mother's trust and other estate-planning documents. After her death, a petition was filed to invalidate these documents. ...

Doherty v. NOTHWEHR

... Responding to Petitioner's contention that she spoke many times to McCabe lawyers about marital finance matters, a McCabe lawyer testified that Mr. Doherty asked him to work with Petitioner in support of Mr. Doherty's estate planning, meaning that the law firm would deliver ...

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