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John William Hastrup

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Local attorney with 15 years of legal experience. Educated at Harvard College and Berkeley Law School. Most importantly, I spend nearly every day in t... (more)

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John William Gordon

Trusts, Estate Planning, Estate, Business
Status:  In Good Standing           Licensed:  23 Years

Greg Christopher Ojeda

Government, Divorce & Family Law, Trusts, Family Law
Status:  In Good Standing           Licensed:  46 Years

David Thomas O'Malley

Estate
Status:  Inactive           Licensed:  52 Years

Manuel Luis Bettencourt

Estate
Status:  In Good Standing           Licensed:  19 Years

Jefferson Stuart Shepard

Real Estate, Trusts, Estate, Contract
Status:  In Good Standing           Licensed:  46 Years

Agnieszka Malgorzata Gill

Estate, Divorce & Family Law, Divorce & Family Law, Business, Personal Injury
Status:  In Good Standing           

Jody Lynn Bryson

Wills, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  22 Years

Ashley Ryan Caldwell

Wills & Probate, Transactions
Status:  In Good Standing           Licensed:  10 Years

Andrew Stephen Kucera

Commercial Real Estate, Trusts, Estate, Elder Law
Status:  In Good Standing           Licensed:  11 Years

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LEGAL TERMS

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

DEED OF TRUST

See trust deed.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

INTER VIVOS TRUST

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

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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 ...