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July 20, 2010
Estate-Planning
             
 
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Estate Planning Terms and Definitions

 

 

 

Informed Consent
An authorization to proceed by a person who has been given and understands all of the relevant facts.

Decedent
A person who has died.

Living Trust
Sometimes called an Inter-Vivos Trust--A written legal document established during a person's lifetime into which he/she places property.

Will
A written document that provides instructions for disposing of a person's property upon the person's death. A will generally also names an executor or personal representative to handle the estate.

Tenancy-in-Common
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.

Joint Tenancy
Property owned by two or more people in a manner such that upon death of one of the joint owners, all of his/her interest in the property is transferred immediately, by operation of law, to the other surviving owners.

Domicile
A person's permanent legal residence. While a person may have more than one residence, he or she can have only one domicile. Typically, the domicile is the same place you use for purposes of voter registration.

Incapacity / Incompetent
Legally unable to manage one's own affairs due to mental disability. This may be temporary or permanent.

In-Terrorum Clause
A provision of a will or trust that disinherits a person in the event that he/she challenges the terms of the will or trust. Sometime called a No-Contest Clause.

Federal Estate Taxes
Taxes imposed by the US Government on the value of a person's estate upon his or her death.

 

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Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


  Newsroom  
 


Latest news about Financial & Estate Planning in Colorado and nationwide:

Living-Wills Legislation Gains Broad Support
WASHINGTON - There's growing support among Democrats and Republicans in Congress, and key advocacy groups, including the AMA, to pass legislation t...
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Dems Obstruction Of Death Tax Repeal Harmful
Coleman says repeal legislation deserves a vote    June 8th, 2006 - Washington, D.C. - Senator Norm Coleman today expressed his...
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Death Tax Laws Once A Death Occurs
Income Tax: Even after death, federal income taxes are still due by the April 15 deadline, just as they would be if the person was alive. If t...
Read more >


More Estate Planning News >

 
 

Estate Planning Terms

 


Today's Terms

Trust

Definition:
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.

Fiduciary

Definition:
A person in whom one places great confidence in and upon whom one relies for his or her integrity, trust, and good faith. A fiduciary has the legal duty to act in the best interest and benefit of another and therefore is held to the very highest legal standards. A trustee is a fiduciary.

Gross Estate

Definition:
The value of an estate before the debts are paid. In California Probate statutory attorneys and personal representatives fees are usually calculated based on the gross value of the estate, so that the value of the home is calculated before deducting the amount due on the mortgage.

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Estate Planning Resources

 


Search Estate Planning resources in our resource center:

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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Colorado Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Arvada
  • Aurora
  • Boulder
  • Brighton
  • Broomfield
  • Canon City
  • Castle Rock
  • Colorado Springs
  • Commerce City
  • Denver
  • Durango
  • Englewood
  • Evergreen
  • Fort Collins
  • Golden
  • Grand Junction
  • Greeley
  • Lafayette
  • Littleton
  • Longmont
  • Louisville
  • Loveland
  • Montrose
  • Parker
  • Pueblo
  • Westminster
  • Wheat Ridge
 


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