Brooks Wills & Probate Lawyer, California

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Includes: Estate Administration, Living Wills, Wills

William D. Kopper

Wills & Probate, Collaborative Law, Family Law, Corporate
Status:  In Good Standing           

Daniel L. Sullivan

Wills & Probate, Estate Planning, Criminal, Personal Injury
Status:  In Good Standing           

Everett H. Shapiro

Products Liability, Medical Malpractice, Wills & Probate, Government Agencies
Status:  In Good Standing           

FREE CONSULTATION 

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Adrienne M. Moran

Government Agencies, Wills & Probate, Products Liability, Medical Malpractice
Status:  In Good Standing           

FREE CONSULTATION 

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David Robert Nelson

Wills, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  48 Years

John Lycurgus Gibson

Estate Planning, International Tax, Commercial Real Estate, Trusts, Wills
Status:  Inactive           Licensed:  27 Years

Kevin Raymond Johnson

Wills, Trusts, Estate Planning, Family Law
Status:  Inactive           Licensed:  39 Years

Derraugh Josephine Manion

Trusts, Family Law, Wills
Status:  In Good Standing           Licensed:  27 Years

Donald George Miller

Wills, Trusts, Estate Planning
Status:  Inactive           Licensed:  46 Years

Raphael Samuel Moore

Estate Planning, Corporate, Wills & Probate, Business
Status:  In Good Standing           Licensed:  31 Years

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

CREDIT SHELTER TRUST

See AB trust.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

TITLE COMPANY

A company that issues title insurance.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

NET ESTATE

The value of all property owned at death less liabilities or debts.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... 1118 OPINION. CORRIGAN, J.—. In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. ... We granted review. II. DISCUSSION. A. Probate Guardianship. ...

Schwartz v. Labow

... In August 2003, the probate court appointed Lionel B. Sanders, certified public accountant, conservator of Sylvia's and Louis's estates in the related conservatorships. ... DISCUSSION. 1. The probate court had jurisdiction in November 2005 to suspend appellant trustee's powers. ...

Estate of Bennett

... (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 settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). ...