Harbor Beach Estate Planning Lawyer, Michigan

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Includes: Gift Taxation

Duane E. Cubitt

Family Law, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  56 Years

Donald J. Clark

Real Estate, Estate Planning, Elder Law, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  53 Years

David L. Clabuesch

Estate Planning, Estate, Divorce & Family Law, Children's Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  48 Years

Thomas P. Collon

Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  46 Years

David W. Hearsch

Real Estate, Wills & Probate, Estate Planning, Elder Law, Limited Liability Companies
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  48 Years

Rachel M. Pelto

Medicare & Medicaid, Estate Planning, Estate, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  12 Years

Michelle P. Biddinger

Real Estate, Estate Planning, Employee Rights, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  39 Years

Kimberly A. Kirchoff

Estate Planning
Status:  Suspended *Status is reviewed annually. For latest information visit here           Licensed:  22 Years

John S. Paterson

Social Security, Estate Planning, Workers' Compensation, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  53 Years

Carolyn Ann Stoutenburg

Agriculture, Estate Planning, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  24 Years

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

Member Representative

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800-814-6700

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

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LEGAL TERMS

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

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.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

SAMPLE LEGAL CASES

IN RE ESTATE OF SOUTHWORTH

... Margaret Noe. In February 2005, the decedent consulted Noe for estate planning advice. The ... estate plan. The representative offered to meet with the decedent and answer any questions regarding estate planning and the college. Despite ...

IN RE HAYES

... In addition, the survivor may amend or revoke the trust." [Brief at 8, citing Michigan Estate Planning Handbook (Carol J. Karr ed., ICLE 2d ed, 2006), ch 22, § 22.4.]. ... [Michigan Estate Planning Handbook (Carol J. Karr ed., ICLE 2d ed, 2006), ch 22, § 22.4.]. ...

Charfoos v. Schultz

... including trust documents, as in this case. Bullis v Downes, 240 Mich App 462, 468; 612 NW2d 435 (2000) (no distinction made among varieties of modern estate planning tools). Here, the trial court prohibited plaintiffs from ...

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