Mayesville Estate Lawyer, South Carolina
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Samuel Wayne Gamble
Accident & Injury, Bankruptcy & Debt, Divorce & Family Law, Estate, Car Accident
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 42 Years
FREE CONSULTATION 
CONTACT 16 Law Range, Sumter, SC 29151
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Lawyer.com can help you easily and quickly find Mayesville Estate Lawyers and Mayesville Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.
LEGAL TERMS
SUCCESSOR TRUSTEE
The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.
AUGMENTED ESTATE
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.
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.
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.
KINDRED
Under some state's probate codes, all relatives of a deceased person.
COUNTERCLAIM
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.
ESTATE TAXES
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.
DISINHERIT
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
SAMPLE LEGAL CASES
Robinson v. Estate of Harris
In their amended complaint, Appellants requested the 2000 foreclosure be set aside because
of ineffective service of process on Kathleen and Bobbie L. Brown, the mortgagors of Duggan
Property when it went into foreclosure. On April 27, 2005, Duggan filed an answer in ...
Estate of Carr ex rel. Bolton v. CIRCLE S ENT. INC.
In late September 2000, Linda Carr (Linda) was in the market to buy an automobile. Linda, her
mother Beatrice Carr (Beatrice), and the rest of her family went to the Dealership to purchase
a vehicle for Linda. While negotiating for the purchase of a 1999 Chrysler Sebring ...
In re Estate of Anderson
In re ESTATE OF Jettie Byrd F. ANDERSON Sarah Anderson Lee, Appellant, v. Burney V.
Locklear, III, Individually and as Personal Representative of the Estate of Jettie Byrd F.
Anderson, Edward Eugene Locklear, Otis D. Anderson, Regina A. Mistic, Gale A. ...
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