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| Desert Law - Palm Desert Living Trust Attorney |
If you are searching for a Palm Desert lawyer or law firm, you have come to the right place. Desert Law provides a Palm Desert lawyer directoryto help you find the right lawyer. From the attorney listings you can begin your research on lawyers in Palm Desert (or other areas) in practice areas such as Personal Injury, Family Law, Bankruptcy, Business Law, Criminal Law and Immigration Law, International Law and more.
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| Palm Desert Probate Attorney |
Probate is the legal process of settling the estate of a deceased person; specifically, resolving all claims and distributing the decedent's property. In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. (This is the case in states that recognize a married couple's property as community property or as tenancy by the entireties.) However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", whether or not the decedent had a valid will. A court having jurisdiction of the decedent's estate (often called a "probate court") supervises probate, in order to ensure the decedent's property is distributed according to the direction of his will and the laws of the state.
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Estate Law:
At common law, an estate is the totality of the legal rights, interests, entitlements and obligations attaching to property. In the context of wills and probate, it refers to the totality of the property which the deceased owned or in which some interest was held. It may also refer to an Estate in Land (an interest in real property that is or may become possessory).
Equitable Estate And Legal Estate:
Legal Interests run with the property while equitable interests are good against those persons who are in good conscience bound to respect them.Legal interests being right in rem are good against all the world .Thus a Trustee is a Legal owner of Property which vests in him,while the beneficiary under the trust has only an equitable estate in the property.
Estate in Land:
An estate in land may be any carved out portion of the allodial or fee simple, which is the most complete ownership that one can have of property in the common law system. An estate can be an estate for years, an estate at will, a life estate (extinguishing at the death of the holder), an estate pur auter vie (a life interest for the life of another person) or a fee tail estate (to the heirs of one's body) or some more limited kind of heir (e.g. to heirs male of one's body).
Fee simple estates may be either fee simple absolute or defeasible (i.e. subject to future conditions) like fee simple determinable and fee simple subject to condition subsequent; this is the complex system of future interests (q.v.) which allows concepts of trusts and estates to elide into actuarial science through the use of life contingencies.
Estate in land can also be divided into estates of inheritance and other estates that are not of inheritance. The fee simple estate and the fee tail estate are estates of inheritance; they pass to the owner's heirs by operation of law, either without restrictions (in the case of fee simple), or with restrictions (in the case of fee tail). The estate for years and the life estate are estates not of inheritance; the owner owns nothing after the term of years has passed, and cannot pass on anything to his or her heirs.
Estate as all Property:
The term 'estate' is also used to refer to the whole of a person's property or of a particular kind of property (such as 'real estate' (meaning land and buildings) or 'personal estate' (meaning goods and chattels). In the context of probate, it is all the property that passes under a will or the law of intestacy, which has to be administered by the executors or administrators. Under the law of bankruptcy in the United States, the "estate" is defined by the Bankruptcy Code as all assets or property of any kind belonging to the debtor which is available for distribution to creditors. The bankruptcy estate is defined at 11 U.S.C. § 541. In some cases, the person with legal responsibility for the estate is the trustee. The law of England, though governed by British Acts of Parliament, is similar in this respect.
Other Search Terms:
Palm Desert Living Trust Attorney
Palm Springs Estate Planning Lawyer
Palm Springs Wills and Deeds
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Tobacco History:
The Social History of Smoking
by George Latimer Apperson
First published in 1914
"The Social History of Smoking" by George Latimer Apperson, can be purchased at Amazon.com in two different versions. Depending on the quality of the edition, prices range between $35 and $104.
From Chapter 1: The only mention made of tobacco by Raleigh himself occurs in a testamentary note made a little while before his execution in 1618. Referring to the tobacco remaining on his ship after his last voyage, he wrote: "Sir Lewis Stukely sold all the tobacco at Plimouth of which, for the most part of it, I gave him a fift part of it, as also a role for my Lord Admirall and a role for himself ... I desire that hee may give his account for the tobacco." As showing how closely Sir Walter's name was associated with it long after his death, Dr. Brushfield quotes the following entry from the diary of the great Earl of Cork: "Sept. 1, 1641. Sent by Travers to my infirme cozen Roger Vaghan, a pott of Sir Walter Raleighes tobackoe."
From Chapter 5: When plague was abroad even children were compelled to smoke. At the time of the dreadful visitation of 1665 all the boys at Eton were obliged to smoke in school every morning. One of these juvenile smokers, a certain Tom Rogers, years afterwards declared to Hearne, the Oxford antiquary, that he never was whipped so much in his life as he was one morning for not smoking. Times have changed at Eton since this anti-tobacconist martyr received his whipping. It is sometimes stated that at this time smoking was generally practised in schools, and that at a stated hour each morning lessons were laid aside, and masters and scholars alike produced their pipes and proceeded to smoke tobacco. But I know of no authority for this wider statement; it seems to have grown out of Hearne's record of the practice at Eton.
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