Terre Haute Estate Planning Lawyer, Indiana
Includes: Gift Taxation
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Amos Paul Thomas
Estate, Wills & Probate, Estate Planning, Elder Law, Power of Attorney
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 69 Years
33 E. Natl. Ave., Brazil, IN 47834
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LEGAL TERMS
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.
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 Both published and unpublished works are entitled to copyright protection, but some of the rules differ.
INCOMPETENCE
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'
BENEFICIARY
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
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.'
REAL ESTATE AGENT
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
TRUST MERGER
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.
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.
SAMPLE LEGAL CASES
First Farmers Bank & Trust Co. v. Whorley
... We are not persuaded. Indiana Code section 29-3-9-4, referred to by our supreme
court as Indiana's guardianship estate planning statute, provides. (a) Upon petition
of the guardian (other than a temporary guardian) or any ...
In re Guardianship of Phillips
... On May 19, 2009, Hudson filed a petition to do estate planning on Donna's behalf and revoke
the Joint Trust. ... Id. at 8. In its judgment, the trial court denied Hudson's petition to do estate planning
and revoke the Joint Trust and declared the Joint Trust shall remain in effect. ...
Leever v. Leever
... fraud. Title 42 of the United States Code section 1396(a) expresses the legislative
intent that the Medicaid program should not be used as an estate planning tool.
Forsyth v. Rowe, 226 Conn. 818, 828, 629 A.2d 379, (1993). ...
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