trusts, inheritances & estates

alienable

Alienable means transferable.

An interest in property is alienable if it may be conveyed by one party to another. In general, all private property is alienable unless some contractual, common law, or statutory restriction...

alienation

Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party. When property is considered alienable, that means the property is able to be sold or transferred to another party...

aliquot

Aliquot is derived from the Latin word meaning divisible from a larger whole without a remainder (i.e. divisible an exact number of times). Today, it usually means a fractional part or a share of the whole. The term aliquot is most commonly...

alternate beneficiary

An alternate beneficiary is someone who will benefit from or gain ownership of property only if the primary beneficiary is unable or unwilling to take ownership. An alternative beneficiary in property law arises when someone bequests property...

alternative contingent remainder

An alternative contingent remainder occurs when the same property is subject to two contingent remainders with opposite conditions precedent such that one of them will always take effect.

A contingent remainder is a type of...

ambiguity

Ambiguity means language in an agreement has more than one meaning. Cases such as this one from New York explain that ambiguity in the context of a contract is defined as “whether a reasonably intelligent person looking at the contract...

ameliorative waste

Ameliorative waste refers to modifications that increase the value of property made by a tenant who failed to obtain the landowner or future interest holder’s permission. Ameliorative waste differs from permissive waste and voluntary waste,...

amend

To amend is to make a change by adding, subtracting, or substituting. For example, one can amend a statute, a contract, the United States Constitution, or a pleading filed in a lawsuit. Generally, procedures dictate the way in which one...

ancestor

An ancestor is a predecessor in the family. In a legal sense, especially in the law of inheritance, any person whose estate is inherited by legal act or descent is an ancestor. The term ancestor applies only to natural persons. Predecessors...

ancillary administration

Ancillary administration is the performance of ancillary probate which is a proceeding for estate assets located in another state than where the deceased lived. Each state has its own property laws, so administrators of estates must have a...

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