Stockton Estate Lawyer, Georgia

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Jim T. Bennett

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Jim T. Bennett has been a member of the State Bar of Georgia since 1998. Jim graduated in the top ten of his class from the Walter F. George School o... (more)

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Lucy Tomberlin

Social Security -- Disability, Estate Planning, Criminal
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Coleman Luten Brice

Divorce & Family Law, Criminal, Wills & Probate
Status:  In Good Standing           Licensed:  9 Years

H. Pearce Scott

Elder Law, Wills & Probate, Trusts, Real Estate
Status:  In Good Standing           

Taylor Thomas Young

Real Estate Other, Real Estate, Wills & Probate, Workers' Compensation
Status:  In Good Standing           Licensed:  4 Years

Marnie Hankinson Watson

Income Tax, Estate Planning, Family Law, Elder Law
Status:  In Good Standing           Licensed:  17 Years

Marnie Hankinson Watson

Estate Planning, Estate, Adoption, Elder Law
Status:  In Good Standing           Licensed:  17 Years

John R. Bennett

Estate, Estate Planning, Elder Law, Non-profit
Status:  In Good Standing           

Jessica Rentz Young

Commercial Real Estate, Real Estate, Estate Planning, Criminal
Status:  In Good Standing           

Martin Landes Holland

Wills, Workers' Compensation, Civil Rights, Insurance
Status:  In Good Standing           

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LEGAL TERMS

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

SURROGATE COURT

See probate court.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

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.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

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