Glossary
Understand some of the key terms surrounding our practice areas.
Estate Planning
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Fiduciary (Trustee or Executor)
The individual appointed to carry out the terms of your trust or will and manage your financial affairs.
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Beneficiary
The person or entity designated to receive assets from your estate.
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Trust
A legal arrangement allowing a third party to manage assets on behalf of beneficiaries.
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Power of Attorney
A legal document authorizing someone to act on your behalf in financial or legal matters.
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Estate Tax
A tax imposed on the value of an individual's estate upon their death.
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Advance Health Care Directive
A legal document appointing a health care agent and specifying wishes for medical care if one cannot make decisions themselves.
Probate Administration
Probate Administration
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Personal Representative (Executor)
The Personal Representative, also known as the executor when named in the will, plays a pivotal role in the probate process. Their responsibilities encompass estate management, which includes asset inventory, debt and tax settlement, and asset distribution to beneficiaries.
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Intestacy Laws
When an individual passes away without a valid will, they are deemed to have died intestate. In such instances, the distribution of the estate among heirs is governed by state intestacy laws, a critical consideration, particularly within intricate family dynamics.
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Probate Court Involvement
Probate proceedings are under the watchful eye of the probate court. The court validates the will, designates the Personal Representative, and ensures legal compliance in estate distribution. The extent of court involvement hinges on estate complexity and the presence of disputes.
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Creditor Claims
In the course of probate, creditors are afforded the chance to assert claims against the estate to settle outstanding debts. The duty of evaluating and addressing these claims falls upon the Personal Representative.
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Family Dynamics
Family dynamics hold considerable sway, particularly in cases of intestacy or when disputes emerge among heirs. Competing interests and disagreements can surface, demanding prudent navigation and thoughtful resolution.
Trust Administration
Trust Administration
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Trustee
The individual or entity responsible for managing and administering a trust.
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Beneficiary
The person or entity designated to receive trust assets.
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Grantor
The person who creates the trust and transfers assets into it
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Principal
The initial amount of money or assets placed into a trust.
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Income
The earnings generated by trust assets, typically distributed to beneficiaries.