Hall, Partenheimer & Kinkle

Trusts and Estates

Trust Elements - Trustee
A trust has five main elements. First, a settlor transfers some or all of his or her property. Second, the property transferred by the settlor is designated trust property. Third, the trust property designated by the settlor is transferred with the settlor's intent that it be managed by another. Fourth, the trust property designated by the settlor is transferred for management by a trustee. Fifth, the trust property designated by the settlor is managed by a trustee for the benefit of a beneficiary. This More...
Co-Ownership Myths - II
One of the most confusing aspects of estate planning is the numerous myths about co-ownership of property. Many people do not understand the differences between a tenancy in common and a joint tenancy with right of survivorship. Many people do not understand what a tenancy by the entirety is or was. More...
Trusts, Public and Private - III
An express trust is either public or private. A public trust, also known as a charitable trust, is an express trust created for a charitable purpose. If an express trust is not a charitable trust, it is deemed to be a private trust. A private trust is an express trust created to benefit a few persons. This article discusses some aspects of public and private trusts. More...
Trust Modification and Termination
A court will modify a trust where the trust's leading purpose is frustrated by a specific directive made by the trustor. More...
Per Capita and Per Stirpes
Suppose that an intestate is survived by three children and no grandchildren. Who inherits the intestate's net estate? How much does each person get? For most people, the answer is easy and obvious. Each child takes one-third of the intestate's net estate. More...

Areas of Practice

  • Administration of Trusts and Estates
  • Asset Protection
  • Automobile Accidents
  • Business Law
  • Business Organizations
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