Legatee

The term legatee refers to any person or entity that receives an inheritance from a will. This would include anyone from long, lost relatives, to a charitable foundation — essentially anyone, or any entity, to whom the person making the will chose to leave his assets. To explore this concept, consider the following legatee definition. Definition of Legatee Pronounced leg-uh-tee […]

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Riggs v. Palmer

Following is the case brief for Riggs v. Palmer, New York Court of Appeals, (1889) Case summary for Riggs v. Palmer: Francis Palmer executed a will, leaving his estate to his daughter and grandson. Palmer’s grandson, Elmer Palmer, poisoned Palmer to death and was later convicted of his murder. Palmer’s daughters brought a claim requesting the court to find Elmer’s […]

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Testator

A testator is a person who creates a will. Commonly, a female who makes a will is referred to as a “testatrix,” though some do not follow this formal title. A will is a document that someone can create either himself, or with the help of an attorney, that dictates who will inherit his property and assets upon his death. […]

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Per Stirpes

The Latin term per stirpes is commonly used in estate planning to describe how a person making a will would like his assets to be distributed. In case a family beneficiary dies before the will’s owner, a per stirpes distribution means that person’s portion of the assets go directly to that beneficiary’s heirs. There are other options if the will’s […]

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Pour Over Will

A pour over will is an estate planning tool used in conjunction with a trust. Creating a trust to hold an individual’s assets for distribution after death has many advantages, including tax advantages. Depending on their circumstances, some people choose not to transfer all of their property into their trust, and many people simply forget to transfer newly acquired assets […]

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Living Will

A living will is a legal document that gives written instructions regarding the maker’s preferences for medical care in the event he or she is unable to express those desires. Many people find that planning ahead by making a living will helps ensure they get the type of care they desire, while removing the burden of making those choices from […]

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Heir

An heir is a person entitled to inherit property and other assets from an individual who has died, based on the rules of descent and distribution, according to state laws. An heir is usually the spouse or child of the decedent, but if neither of these exist, it can be another close relative. In modern times, the term heir is […]

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Executor

An executor is an individual entrusted with the duties and responsibilities of taking care of a person’s earthly affairs after death. In simple terms, the term executor refers to the person named or nominated by an individual, called the “testator,” to carry out his or her wishes as stated in a will. An executor of an estate has many other […]

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