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| Descendant |
All persons who
have descended from a common ancestor. Generally includes
adopted persons when used in a Will or Trust. |
| Devise |
A gift of real
property by Will; to be distinguished from bequest. |
| Domicile |
An individual’s
permanent and intended home. |
| Fiduciary |
An individual
or a trust institution charged with the duty of acting
for the benefit of another party as to matters coming within
the scope of the relationship between them. A guardian
and his ward, an agent and client, one partner and another
partner, a trustee and a beneficiary all are examples of
fiduciary relationships. |
| "Five by Five" Power |
A noncumulative
general power of the donee to appoint in each calendar
year the greater of $5,000 or five percent of the value
of the trust at the end of the year. |
| General Power of Appointment |
A power to direct
the disposition of property. The donee may exercise the
power in favor of any person, including himself, his estate,
his creditors, or the creditors of his estate. Example: “A” creates
a trust in which “B” has the power to dispose
of the property in favor of anyone he sees fit, including
himself, his estate, and his creditors. |
| Generation-Skipping Tax |
A tax imposed
on any generation-skipping transfer at a flat rate computed
with reference to the maximum federal estate tax rate applicable
at the time of the transfer. An example would be the tax
applied to a gift made by a grandparent to a grandchild. |
| Generation-Skipping Transfer |
Any taxable distribution
or taxable termination with respect to a generation skipping
trust or any direct skip from a transferor. |
| Gift (for Gift Tax purposes) |
Property, property
rights or interest transferred to another for less than
adequate and full consideration in money or money’s
worth. |
| Gift Tax Marital Deduction |
A deduction allowed
for a gift made by one spouse to another. Outright gifts
and life estates qualify for the deduction if the donee
has the right to the income from the property for life
and a general power of appointment over the principal.
Certain qualified terminable interest gifts also qualify.
The amount of the deduction is unlimited. |
| Grantor |
A person who
transfers property by deed or who grants property rights
by means of a trust instrument or some other document. |
| Guardian |
An individual
or a trust institution appointed by a court to care for
the property or the person (or both) of a minor or an individual
unable to manage their financial affairs. When the guardian’s
duties are limited to the property, he is known as a guardian
of the property; when they are limited to the person, he
is known as a guardian of the person; when they apply to
both the property and the person, he is known merely as
a guardian. In some states the term committee, conservator,
curator, or tutor is used to designate one who performs
substantially the same duties as a guardian. |
| Guardian ad Litem |
A person appointed
by a court to represent and defend a minor, or an individual
unable to manage their financial affairs, in connection
with court proceedings; sometimes called a special guardian. |
| Inter Vivos Trust (Living Trust) |
A trust created
during the grantor’s lifetime between living persons.
It operates during the grantor’s lifetime as opposed
to a testamentary trust, which does not operate until the
grantor dies. |
| Intestate (adj) |
Not having made
and left a valid Will. |
| Irrevocable Trust |
A trust which
by its terms cannot be amended or revoked by the settlor
or beneficiaries. |
| Letters Testamentary |
A certificate
of authority to settle a particular estate issued to a
personal representative by the appointed court. |
| Life Interest or Life Estate |
An
interest that a person has in property which is enjoyed
only during life. No possession of such ownership rights
may be transferred during life or at death. |
| Living Trust |
A trust that
is established by a Trust Agreement during the lifetime
of the settlor. This is the same as an inter vivos trust. |
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NOT
A
DEPOSIT |
NOT
FDIC INSURED |
MAY
LOSE VALUE |
NOT
BANK GUARANTEED |
| NOT
INSURED BY ANY FEDERAL GOVERNMENT AGENCY |
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