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February 26, 2010
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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.

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Decedent
A person who is deceased.

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

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.

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

Guardian
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.

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

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.

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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.

 


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Latest news about probate cases in Iowa and nationwide:

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...

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What Is A Housing Court Is It Just Limited To Landlord And Tenant Problems
No. The Housing Court jurisdiction extends to almost all areas that relate to residential housing. There are many occasions where homeowners can ut...
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More Than Half Of College Seniors Have Debt And 38 Percent Delay Buying A Home Due To Student Loan Debt
INDIANAPOLIS – Today Indiana House members passed Senate Bill 459, which contains an amendment offered by State Rep. Trent Van Haaften (D-Mount Ver...
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Probate Terms

 
 


Today's Terms

Jointly held bank account

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

Codicil

Definition:
An amendment to a will. It is a separate document.

Beneficiary

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

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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

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Iowa Probate Attorney

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


  • Ames
  • Ankeny
  • Bettendorf
  • Burlington
  • Cedar Falls
  • Cedar Rapids
  • Clinton
  • Council Bluffs
  • Davenport
  • Des Moines
  • Dubuque
  • Fort Dodge
  • Iowa City
  • Marion
  • Marshalltown
  • Mason City
  • Muscatine
  • Newton
  • Ottumwa
  • Sioux City
  • Urbandale
  • Waterloo
  • West Des Moines


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