| Trust Modification and Termination |
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| A court will modify a trust where the trust's leading purpose is frustrated by a specific directive made by the trustor.More... |
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| Limited Inheritance in Unusual Circumstances |
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| State statutes of descent and distribution are usually supplemented by other statutes or court rulings that limit or prohibit inheritance in unusual circumstances. This article discusses some of those unusual circumstances.More... |
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| Trust Elements - Beneficiary |
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| A trust has five main elements. First, a settlor transfers some or all of his or her property. Second, the property transferred by the settlor is designated trust property. Third, the trust property designated by the settlor is transferred with the settlor's intent that it be managed by another. Fourth, the trust property designated by the settlor is transferred for management by a trustee. Fifth, the trust property designated by the settlor is managed by a trustee for the benefit of a beneficiary.More... |
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| Probate -- Overview |
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| In a civilized society, a legal mechanism for dealing with a deceased person's property is essential. Think of the chaos that would result if, when someone died, the law allowed anyone free access to take all or any part of the deceased person's property on a "first come" basis. Instead, we have developed a system that protects and sometimes directs the distribution of property on a persons death. Our laws recognize that some order must be maintained in the situation and so they provide, among other things, for what is called the right of "freedom of testation" and a legal process to deal with those estates that have exercised that right, as well as those that have not.More... |
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| Disposing Dead Bodies |
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| The dead bodies of human beings are not property. The dead bodies of human beings are not disposed of by a state's statute of descent and distribution. If a person does not leave directions in a will or other document for the disposition of his or her dead body, his or her dead body is usually disposed of as provided by local custom. More... |
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