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February 06, 2012
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Probate Law Terms and Definitions

 
 

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.

Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Jointly held bank account
A bank account that is held by two or more people each of whom has a right of survivorship.

Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).

Beneficiary
A person designated to receive the income or principal of a trust estate.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.

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.

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.

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

Contact our Montana Probate Lawyer Now!

 
Did You Know?    
 
 
It Is Not Wise To Handle Probate Without A Lawyer
Probate is a very complicated and formal process. There are no requirements to use a lawyer, but it is not wise to do so. Even the smallest detail that is missed or left out can cause everything to come to a halt, exposing everyone to liability.

 


  Newsroom  
 


Latest news about probate cases in Montana and nationwide:

Aging Services Schedules Georgia Public Guardians Training
Volunteers interested in becoming legal guardians for vulnerable adults will have the opportunity to attend an informational session in Albany, Feb...
Read more >


PROBATE LAW APPROVED IN MASSECHUSETTS
 Chief Justice Dunphy has announced that Chief Justice for Administration and Management Robert A. Mulligan approved Standing Order 1-06, ...
Read more >


FTC Testifies Before Senate Special Committee on Aging on Living Trust Scams
FTC Testifies Before Senate Special Committee on Aging on Living Trust Scams

Elaine Kolish, Associate Director of the Bure...

Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Beneficiary

Definition:
A person designated to receive the income or principal of a trust estate.

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.

Probate

Definition:
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).

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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