| Trust Apportionment |
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| When a trustee receives a distribution, it can be difficult to determine whether he should pay it to the beneficiary or add it to the "corpus" (the trust property). More... |
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| Wills - The Writing Requirement |
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| A written will is obviously required to be in writing. What the writing requirement really means is that the medium a will is written in must be sufficiently permanent. The medium must be permanent enough to provide a reliable record of the testator's testamentary desires for the probate court. More... |
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| Testamentary Intent |
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| In order to make a will, a person must intend to make a will. A person must have what is known as testamentary intent. The adjective 'testamentary' means related to a will, and is a derivative of the word 'testament'--the Latin word for will. The Latin phrase for testamentary intent is animus testandi, "the intention to make a testament." More... |
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| Executors -- Steps Prior to Opening the Estate |
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| The terms "executor," "administrator," and " personal representative" are all synonyms for someone who is legally responsible for managing the estate of a person who has died. The position of executor may be filled by a specific person named in the decedent's will or, if the decedent did not make a will, by someone whose relationship with the decedent makes him the legally responsible party (i.e., parent or spouse). The position can be refused. More... |
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| Constructive Trusts |
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| Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor's intent is irrelevant: the constructive trust. More... |
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