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Mark Gomez
About | Practice Areas
Gomez Law, APC
3250 Wilshire Blvd Suite 1901 Los Angeles, CA 90010» view map
Estate Law
Dedication. Compassion. Trust.

Whether you are looking to purchase a house or commercial property or in the process of probate, we are here to provide the legal support you need to help you move forward.

800-901-4291
1. Mark Gomez Los Angeles, CA
  Attorney at Law - CA, 2013
  Rutgers University J.D. 2012
2. AboutGomez Law, APC
  A Modern Approach To Your Home & Your Future
3. Practice AreasExpertise
  Estate Law
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David W. Klasing

Franchising, Wills & Probate, Corporate, Wills

Status: In Good Standing

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2603 MAIN ST #1180, Irvine, CA 92614

Paul P. Lin

Wills & Probate, Wills, Trusts, Estate Planning

Status: In Good Standing

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8 Corporate Park, Irvine, CA 92606

W. Robert Price

Wills & Probate, Wills, Trusts, Estate Planning

Status: In Good Standing

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8 Corporate Park, Irvine, CA 92606

Stacy Olsen

Corporate, Business Successions, Estate Planning, Trusts

Status: In Good Standing

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1301 Dove Street, Newport Beach, CA 92660

Peter J Linden

Estate Administration, Estate Planning, Litigation, Wills & Probate

Status: In Good Standing

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2500 Anniversary Lane, Newport Beach, CA 92660

Joseph A Walker

Real Estate, Motor Vehicle, Estate Planning, Estate

Status: In Good Standing

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3991 MacArthur Blvd., Newport Beach, CA 92660

Mary G. Finlay

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing

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1301 Dove Street, Newport Beach, CA 92660

Vic Abajian

Banking & Finance, Wills & Probate, Tax, Corporate

Status: In Good Standing

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Abajian Law, A Professional Corporation, One Park Plaza, Irvine, CA 92614

Wayne Philips

Divorce & Family Law, Elder Law, Wills & Probate, Lawsuit & Dispute, Civil & Human Rights

Status: In Good Standing

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26060 Acero, Mission Viejo, CA 92691

Randal Scott Oakley

Business Organization, Corporate, Estate, Lawsuit & Dispute

Status: In Good Standing Licensed: 24 Years

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300 Spectrum Center Drive, Irvine, CA 92618

800-923-0641

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LEGAL TERMS

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

FAMILY POT TRUST

See pot trust.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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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El Toro Estate Lawyer, California, page 2

Sponsored Law Firm

Gomez Law, APC

SPONSORED LAWYERS

David W. Klasing

Paul P. Lin

W. Robert Price

Stacy Olsen

Peter J Linden

Joseph A Walker

Mary G. Finlay

Vic Abajian

Wayne Philips

Randal Scott Oakley

TIPS

LEGAL TERMS

SPECIFIC BEQUEST

LETTERS TESTAMENTARY

SUMMARY PROBATE

SWEARING MATCH

ADEMPTION

TESTAMENTARY TRUST

FAMILY POT TRUST

RESIDUARY ESTATE

LAPSE

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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