Windham Wills & Probate Lawyer, Maine, page 3


Includes: Estate Administration, Living Wills, Wills

Cara L. Biddings

Wills & Probate, Workers' Compensation, Family Law, Corporate
Status:  In Good Standing           Licensed:  16 Years

Andre' G. Duchette

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

James C. Hunt

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

Douglas J. Alofs

Wills & Probate, Workers' Compensation, Family Law, Corporate
Status:  In Good Standing           Licensed:  29 Years
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C. Alan Beagle

Litigation, Wills, Estate, Transactions
Status:  In Good Standing           Licensed:  45 Years

Bruce A. McGlauflin

Income Tax, Real Estate, Wills & Probate, Estate, Consumer Rights
Status:  In Good Standing           

Carrie McGilvery Logan

Business & Trade, Wills & Probate
Status:  In Good Standing           Licensed:  14 Years

Andrew J. Cloutier

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

Kathryn M. Longley-Leahy

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

Martha Lodge Fox

Trusts, Estate Administration
Status:  In Good Standing           Licensed:  18 Years

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LEGAL TERMS

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

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.

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.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

FUNDING A TRUST

Transferring ownership of property to a trust.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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. ...