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Undue Influence

By |May 25th, 2009|Glossary of Terms|0 Comments

Pressure exerted over another person that overpowered the will of that person and caused that person to make a gift, will, or contract

Plaintiff

By |May 25th, 2009|Glossary of Terms|0 Comments

The party who files the complaint and demands damages, performance or determination of rights

Defendant

By |May 25th, 2009|Glossary of Terms|0 Comments

The party being sued

Constructive Trust

By |May 25th, 2009|Glossary of Terms|0 Comments

A description the court uses for property that is improperly transferred to someone as a result of a defective trust or gift while the property is in that person’s possession. The person in wrongful possession is said to hold the property in constructive trust for the rightful owner.

Complaint

By |May 25th, 2009|Glossary of Terms|0 Comments

The first document filed with the court by a person or entity claiming legal rights against another.

Revocable Trust

By |May 25th, 2009|Glossary of Terms|0 Comments

A trust that may be changed or terminated during the donor’s lifetime. The trust becomes irrevocable at the donor’s death, and the property then goes to the beneficiaries.

Medical Power of Attorney

By |May 25th, 2009|Glossary of Terms|0 Comments

A power of attorney that allows another person to make medical decisions on behalf of the principal.

Living Will

By |May 25th, 2009|Glossary of Terms|0 Comments

This document provides instructions on what extraordinary life-support treatments, if any, the individual would like doctors and health care providers to take in the event that the individual is incapable of making those decisions.

Inter Vivos Trust

By |May 25th, 2009|Glossary of Terms|0 Comments

A revocable trust created while the donor is still alive.

Durable Power of Attorney

By |May 25th, 2009|Glossary of Terms|0 Comments

A power of attorney that remains in effect if the principal becomes incapacitated. A power of attorney must be specifically made durable, otherwise it expires if the principal becomes incapacitated.