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Amiel Wade
About | Practice Areas
Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113» view map
Wills & Probate Law
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888-909-9430
1. Amiel Wade San Jose, CA
  Attorney at Law- CA, 1996
  Rutgers School of Law—Camden, Rutgers University, J.D. 1996
2. AboutWade Law Group
  Working With Excellent Attorneys
3. Practice AreasExpertise
  Wills & Probate Law
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D. Zackary Smith

Construction, Estate Planning, Litigation, Wills & Probate, Landlord-Tenant

Status: In Good Standing

CONTACT

1102 N. Chinowth Street, Visalia, CA 93291

William Lee Seymour

Trusts, Estate, Criminal

Status: In Good Standing Licensed: 32 Years

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Exeter, CA 93221

Nancy Ann Jenner

Lawsuit & Dispute, Estate Planning, Employee Rights, State Government

Status: In Good Standing Licensed: 35 Years

CONTACT

19082 Avenue, Exeter, CA 93221

Marit Christine Erickson

Intellectual Property, Public Law, Gift Taxation

Status: In Good Standing Licensed: 19 Years

CONTACT

3200 E Douglas Ave, Visalia, CA 93292

David Hogue

Estate, Divorce & Family Law, Business, Accident & Injury

Status: In Good Standing Licensed: 31 Years

FREE CONSULTATION

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1413 North Alta Avenue, Dinuba, CA 93618

Elisabeth Fulmer Tietjen

Gift Taxation, Employee Rights, Employment, Business

Status: In Good Standing Licensed: 16 Years

CONTACT

501 S Alta Ave, Dinuba, CA 93618

Jack Steven Worthley

Estate

Status: In Good Standing Licensed: 46 Years

CONTACT

41225 Road, Dinuba, CA 93618

Raymond Charles Hebert

Dispute Resolution, Copyright, Trusts, Insurance

Status: In Good Standing Licensed: 30 Years

CONTACT

1525 E Noble Ave, Visalia, CA 93292

John Philip Bianco

Trusts

Status: In Good Standing Licensed: 30 Years

CONTACT

Visalia, CA 93279

Daniel K. Marvin

Power of Attorney, Real Estate, Estate, Elder Law, Business Organization

Status: In Good Standing Licensed: 7 Years

CONTACT

225 W Oak Ave, Visalia, CA 93291

800-923-0641

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LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

SAMPLE LEGAL CASES

In re Estate of Young

Stephen Parker, as administrator of the estate of Irma E. Young, deceased (the Estate), filed this petition under Probate Code section 850, subdivision (a), [1] to request an order and judgment establishing the Estate's ownership of certain real property and personal property held by ...

Estate of Kievernagel

In this case we must decide whether a widow has the right to use her late husband's frozen sperm to attempt to conceive a child where her late husband signed an agreement with the company storing the frozen sperm providing that the frozen sperm was to be discarded upon his ...

Estate of Bennett

Claimants Smith Heavy Industrial Transit Corporation and Advanced Development Holdings, Inc. (collectively Smith), appeal from a probate court order granting the motion of petitioners Lu Ella Bennett, Jack H. Bennett, Jr., and Louise Comer to set aside and rescind a ...

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Badger Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

D. Zackary Smith

William Lee Seymour

Nancy Ann Jenner

Marit Christine Erickson

David Hogue

Elisabeth Fulmer Tietjen

Jack Steven Worthley

Raymond Charles Hebert

John Philip Bianco

Daniel K. Marvin

TIPS

LEGAL TERMS

INCOMPETENCE

ACCUMULATION TRUST

INTER VIVOS TRUST

POUR-OVER WILL

TAKING AGAINST THE WILL

SELF-PROVING WILL

DISINHERIT

GENERATION-SKIPPING TRUST

AB TRUST

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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