Windham Wills & Probate Lawyer, Maine, page 2


Includes: Estate Administration, Living Wills, Wills

Andrew J. Cloutier

Personal Injury, Social Security, Estate, Wills & Probate
Status:  In Good Standing           Licensed:  30 Years

Jennifer L. Kruszewski

Government, Estate Administration, Estate, Reorganization
Status:  In Good Standing           Licensed:  15 Years

Kathryn M. Longley-Leahy

Estate Administration, Trusts, Criminal, Elder Law
Status:  In Good Standing           Licensed:  38 Years

Justin D. LeBlanc

Estate Administration, Trusts, Estate Planning, Adoption
Status:  In Good Standing           
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Hawley R. Strait

Real Estate, Wills & Probate
Status:  In Good Standing           Licensed:  15 Years

Tom S. Hanson

Real Estate, Wills & Probate
Status:  In Good Standing           Licensed:  25 Years

Eliza Cope Nolan

Real Estate, Wills & Probate, Trusts, Estate
Status:  In Good Standing           Licensed:  36 Years

Andre' G. Duchette

Transactions, Land Use & Zoning, Wills
Status:  In Good Standing           Licensed:  16 Years

Elizabeth Carter

Real Estate, Trusts, Wills & Probate, Lawsuit & Dispute
Status:  In Good Standing           

James C. Hunt

Family Law, Wills & Probate, Corporate, Workers' Compensation
Status:  Inactive           Licensed:  36 Years

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LEGAL TERMS

NET ESTATE

The value of all property owned at death less liabilities or debts.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

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.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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).

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.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

SAMPLE LEGAL CASES

In re Estate of Kingsbury

... Dissent: SAUFLEY, CJ, and ALEXANDER, and SILVER, JJ. CLIFFORD, J. [¶ 1] The estate of Bruce H. Kingsbury, through its personal representative, Robin L. Whorff, appeals from an order entered in the Sagadahoc County Probate Court (Voorhees, J.) (1) providing that Whorff ...

IN RE ESTATE OF LIPIN

... PER CURIAM. [¶ 1] Joan Carol Lipin challenges the denial of her request for recusal entered in the Cumberland County Probate Court (Mazziotti, J.) in connection with the probate of the estate of her father, Theodore Lipin. We ...

Edwards v. Campbell

... Campbell has appealed. II. DISCUSSION. [¶ 6] Campbell first contends that the court lacked subject matter jurisdiction to issue the contempt order as to the trust accounting, arguing instead that the Probate Court has exclusive jurisdiction over such matters. ...