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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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Includes: Gift Taxation

Stephen Joseph Healy

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Estate Planning, Workers' Compensation, Insurance, Products Liability, Aviation

Stephen Healy has practiced law for over 27 years, now focusing his practice on asbestos compensation claims and asbestos civil litigation in state an... (more)

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707-772-5496

755 Baywood Drive, Petaluma, CA 94954

Thomas Reed Sink

Trusts, Gift Taxation, Estate Planning, Elder Law

Status: In Good Standing Licensed: 40 Years

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144 S Cloverdale Blvd, Cloverdale, CA 95425

Robin Rudderow

Immigration, Trusts, Estate Planning, Criminal

Status: In Good Standing Licensed: 38 Years

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Bodega Bay, CA 94923

Garrett Murphy Civian

Gift Taxation

Status: In Good Standing Licensed: 12 Years

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845 Patti Page Ct, Windsor, CA 95492

William Paul Matz

Tax, Real Estate, Gift Taxation

Status: In Good Standing Licensed: 43 Years

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8979 Conde Ln, Windsor, CA 95492

Daniel Earl Davis

Intellectual Property, Gift Taxation, Juvenile Law, Business, Personal Injury

Status: In Good Standing

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1550 Airport Blvd, Santa Rosa, CA 95403

Deborah Groome Corlett

Estate Planning, International Tax, Trusts, Estate, Wills

Status: In Good Standing

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1550 Airport Blvd, Santa Rosa, CA 95403

Steven Murray Goldberg

Estate Planning, International Tax, Products Liability, Aviation, Family Law

Status: In Good Standing Licensed: 40 Years

CONTACT

400 Aviation Blvd, Santa Rosa, CA 95403

Richard Walter Power

Tax, Commercial Real Estate, International, Gift Taxation

Status: In Good Standing Licensed: 54 Years

CONTACT

615 Hetts Ln, Sebastopol, CA 95472

Jeffrey Aitken Titus

Tax, International, Gift Taxation

Status: In Good Standing Licensed: 40 Years

CONTACT

Santa Rosa, CA 95406

800-923-0641

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LEGAL TERMS

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.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

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.'

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

Murphy v. Murphy

... The probate court has discretion, circumscribed by the statutory scheme, to order a "substituted judgment" that authorizes a conservator on behalf of a conservatee to take necessary or desirable action to facilitate estate planning, when a reasonably prudent person in the ...

In re Estate of Young

... her lawyer at the time, Dennis Burns. Mr. Burns represented her for 15 years for estate planning purposes and a bankruptcy of one of Young's businesses, Green Thumb Nursery. In the 1991 estate plan, Charles was expressly ...

Chang v. Lederman

... 2. The Law Regarding Liability for Negligence in Estate Planning to Intended or Potential Beneficiaries. ... Nevertheless, the attorney prepared new estate planning documents that fundamentally changed the plan and made a substantial gift to Michael. ...

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Cazadero Estate Planning Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Stephen Joseph Healy

Thomas Reed Sink

Robin Rudderow

Garrett Murphy Civian

William Paul Matz

Daniel Earl Davis

Deborah Groome Corlett

Steven Murray Goldberg

Richard Walter Power

Jeffrey Aitken Titus

TIPS

LEGAL TERMS

TAKING AGAINST THE WILL

SUCCESSION

PER CAPITA

PRETERMITTED HEIR

QDOT TRUST

SPENDTHRIFT TRUST

SECONDARY MEANING

AUGMENTED ESTATE

STATUTORY SHARE

SAMPLE LEGAL CASES

Murphy v. Murphy

In re Estate of Young

Chang v. Lederman

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