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Gift Tax

The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. A gift tax return must be filed whenever an individual makes a gift in excess of the annual exclusion, which is $14,000 in 2013.

General Powers of Attorney

A broad power of attorney document that gives the named agent power to handle all matters permitted by law on behalf of the person (called “the principal”) who executed the document.

Future Interest

A legal right to receive either real property or personal property at some time in the future, either upon a particular date or upon the occurrence of an event. A future interest does not include the right to present possession or enjoyment of the property.

Durable Powers of Attorney

A power of attorney that remains in effect even if the person who made the document becomes incapacitated. If a power of attorney is not specifically made durable, it automatically expires if the maker becomes incapacitated.

Devisee

A person who receives a gift of real property under a will.

Devise

The gift of real property by last will and testament.

Contingent Interest

A future interest in real property which a party will receive only if a certain event occurs or certain circumstances happen.

Conservator

An individual, appointed by a judge, to protect, preserve and manage the financial affairs of another (the protectee) under the supervision of the court.

By-Pass Trust

An estate planning device that transfers assets in such a way as to take full advantage of estate tax exemptions while providing maximum income to a surviving spouse.

Bequeath

The act of giving assets by the terms of a last will and testament. Strictly, to give personal property, as opposed to devise real property.

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