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  • Lapse and Anti-Lapse - Lapse and Anti-Lapse Law Resources - LawInfo
    in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms

    Original URL path: http://www.lawinfo.com/lapse-and-anti-lapse.html (2016-02-15)
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  • Pretermitted Heirs - Pretermitted Heirs Law Resources - LawInfo
    Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms Conditions Disclaimer Connect

    Original URL path: http://www.lawinfo.com/pretermitted-heirs.html (2016-02-15)
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  • Satisfaction of Legacies - Satisfaction of Legacies Law Resources - LawInfo
    Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms Conditions Disclaimer

    Original URL path: http://www.lawinfo.com/satisfaction-of-legacies.html (2016-02-15)
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  • Executor Duties - Executor Duties Law Resources - LawInfo
    duties Locate and manage estate assets until they distributed Determine if probate is required State law dictates when probate is necessary and often the value of the estate is a major factor File the will in probate court Handle mundane matters such as paying bills and other debts canceling credit accounts terminating contracts such as leases notify banks and government offices of the death Pay taxes Oversee distribution of the estate What Happens During Probate Probate of an estate is a legal proceeding overseen by the court to ensure to lawful fair and proper disbursement of estate assets and debts payment of taxes and accounting of any income generated by the estate The court will determine the will s validity and required periodic reports from the executor on the progress of the probate Share this information Search LawInfo s Executor Duties Resources Still have questions Contact experienced Executor Duties Attorneys on LawInfo com or learn more about Executor Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Executor Duties Videos How Should I Select My Estate Executor Advertisements Find

    Original URL path: http://www.lawinfo.com/executor-duties.html (2016-02-15)
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  • Fiduciary Relationship - Fiduciary Relationship Law Resources - LawInfo
    known as the executor s fiduciary duties Below are the duties representative of the duties owed by an executor File Deceased s Will In Probate Court The executor owes the deceased a heightened duty of care and trust This means that the executor must determine whether probate proceedings are necessary or whether the assets may be distributed without the probate process Duty to Manage The executor must locate the deceased person s assets and supervise them until they are distributed to the inheritors Duty to Determine Who Will Inherit the Property and How It Will Be Distributed If the deceased person did not leave a will the executor must act with due diligence to obtain information about and determine the heirs of the deceased person On the other hand if the deceased person left a will the executor must distribute the assets according to the testator s wishes A testator is person who has made a will or established legacy wishes Duty to Control Miscellaneous Details The executor has a duty to make sure little details such as discontinuing the deceased s credit cards are handled Other miscellaneous details include notifying the banks and government agencies of the death Duty to Pay Deceased Persons Expenses The executor must pay for the deceased person s debts taxes and other expenses using the estate s funds Debts include paying creditors claims Expenses include utility bills and mortgage payments Share this information Search LawInfo s Fiduciary Relationship Resources Still have questions Contact experienced Fiduciary Relationship Attorneys on LawInfo com or learn more about Executor Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location

    Original URL path: http://www.lawinfo.com/fiduciary-relationship.html (2016-02-15)
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  • Cy-pres Doctrine - Cy-pres Doctrine Law Resources - LawInfo
    s wishes as closely it can Today cy pres also is applied in situations involving class actions where a company being sued by a pool of plaintiffs sets aside a large amount of money from which damage awards to plaintiffs can be deducted Where the amount in the fund exceeds the payouts to plaintiffs courts can give the remaining money to a charity or nonprofit organization whose purpose is to address issues similar to that on which the class action was based For instance a cell phone service provider is sued in a class action for defrauding its customers The service company creates a fund out of which members of the class can be paid damages The court could rule that any money left over after all the plaintiffs are paid will be donated to an organization dedicated to protecting consumers against fraud Only a court can apply cy pres A trustee of a trust or charity cannot apply the doctrine though one can ask the court to apply the doctrine when the trust arrangement warrants it The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Cy pres Doctrine Attorneys on LawInfo Or click to find Cy pres Doctrine Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas

    Original URL path: http://www.lawinfo.com/cy-pres-doctrine.html (2016-02-15)
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  • Dishonest Assistance Doctrine - Dishonest Assistance Doctrine Law Resources - LawInfo
    was dishonest The doctrine enables beneficiaries of a trust to pursue legal action against a third party with whom they may not have a direct legal cause of action Unlike the trustee the person who contributed dishonest assistance has no responsibility to the beneficiaries For example a trust has two trustees One of the trustees embezzles money from the trust by writing a check drawn on the trust account and forges the co trustee s signature on the check The bank teller cashes the check for the trustee with full knowledge that the signature is forged because the trustee pays 200 to approve the withdrawal The bank teller the third party assisted the trustee is stealing from the trust and the teller was aware his act was dishonest The teller could be liable to the trust for the money that the trustee stole Dishonest assistance is considered a secondary form of liability which means that the third party will be sued once the trustee s liability for breach of trust has been established or if for some reason the trustee can t be held liable for breach of trust The liability is secondary to the primary liability of the trustees The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Dishonest Assistance Doctrine Attorneys on LawInfo Or click to find Dishonest Assistance Doctrine Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New

    Original URL path: http://www.lawinfo.com/dishonest-assistance-doctrine.html (2016-02-15)
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  • Advancement - Advancement Law Resources - LawInfo
    and dies intestate without a will For example if a person dies without a will but before dying he gives a gift to his heir son or daughter it will be presumed that the gift was an advance on what that son or daughter would have inherited under intestate succession laws upon the death of the parent Of course the advancement should be in writing by the decedent indicating their intent for the gift to replace the heirs expected inheritance Some states disfavor advancements Written Proof of an Advancement To ensure that the heir and others clearly understand that the decedent intends that the advancement be deducted from the heir s share of the estate the transaction should be notated in writing or the heir made to sign a receipt indicating that the money received is an advancement Where there is no written documentation of the transaction the court may consider when the money was given when determining whether the transaction was an advancement If the decedent gave the money right before dying courts or more inclined to consider the gift an advancement than if the money was given years before the death Where the decedent does leave a will a pre death gift is called an ademption not an advancement and it will be deducted from the bequest to the beneficiary Share this information Search LawInfo s Advancement Resources Still have questions Contact experienced Advancement Attorneys on LawInfo com or learn more about Trust Estate Administration Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Wills Trusts Health Care Power of Attorney Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog

    Original URL path: http://www.lawinfo.com/advancement.html (2016-02-15)
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