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July 20, 2010
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Probate Law Terms and Definitions

 
 

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Will
A legal document that directs where a person's property should go after that person dies.

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

Living Trust
A living trust is an estate planning device that allows a person to transfer assets to one or more persons before and after they die.

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Estate
All of the property owned by a person, including real estate and personal property.

Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person's death.

Codicil
An amendment to a will. It is a separate document.

Joint tenancy
A property held in joint tenancy is owned by two or more people who have an undivided interest in the property, and the interest continues even after the other owners die.

Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

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Did You Know?    
 
 
Probate Is Handled In Court
Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.

 


  Newsroom  
 


Latest news about probate cases in Montana and nationwide:

New International Financial Scams Brochure
The Bureau of Consular Affairs (CA) has issued an International Financial Scams Brochure to help Americans identify and avoid financial scams origi...
Read more >


Swanson Files Suit Against American Family Legal Plan And Heritage Marketing And Insurance Services
Attorney General Lori Swanson today filed a lawsuit against two California companies, American Family Legal Plan and Heritage Marketing and Insuran...
Read more >


Three Senior Citizens Sentenced in Financial Scam Targeting Elderly
Insurance Commissioner Steve Poizner announced today the sentencing of three senior citizens who preyed on the elderly by selling them financial pr...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Assets

Definition:
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Joint tenancy

Definition:
A property held in joint tenancy is owned by two or more people who have an undivided interest in the property, and the interest continues even after the other owners die.

Guardian

Definition:
A person or entity who is appointed by the court to exercise many powers for the care of an incapacitated person, the person's estate, or both.

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

Montana Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish


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