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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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Our goal is to have our core areas of practice rank among the top in the legal community.

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

Robert Alan Steinberg

International, Gift Taxation, Business, Personal Injury

Status: In Good Standing Licensed: 47 Years

CONTACT

30121 Rollingoak Dr, Mojave, CA 93561

Thomas Dale Reid

Wills, Trusts, Estate Planning, Business

Status: In Good Standing Licensed: 26 Years

CONTACT

6603 Carracci Ln, Bakersfield, CA 93306

Christina Jonae Oleson

Estate Planning, International Tax, Trusts, Estate, Wills

Status: In Good Standing

CONTACT

1115 Truxtun Avenue, Bakersfield, CA 93301

Joseph Stephen Pearl

Trusts, Estate Planning, Bankruptcy, Wills

Status: In Good Standing

CONTACT

1400 Chester Avenue, Bakersfield, CA 93301

Robert Thurman Owen

Litigation, Estate Planning, Family Law, Criminal

Status: In Good Standing Licensed: 28 Years

CONTACT

1315 Truxtun Ave, Bakersfield, CA 93301

Andrew Christopher Smith

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills

Status: In Good Standing Licensed: 14 Years

CONTACT

Bakersfield, CA 93386

Diane Sue Messer Dodds

Wills, Trusts, Gift Taxation, Estate Planning

Status: In Good Standing Licensed: 49 Years

CONTACT

1930 18Th St, Bakersfield, CA 93303

Joshua Gowell Wilson

Estate Planning, Federal Appellate Practice, Business, Trusts, Wills

Status: In Good Standing Licensed: 25 Years

CONTACT

Bakersfield, CA 93303

Anna Ferran Wells

Divorce & Family Law, Estate, Divorce, Estate Planning

Status: In Good Standing Licensed: 13 Years

CONTACT

1430 Truxtun Ave, Bakersfield, CA 93301

Barry Lee Mccown

Wills, Trusts, Gift Taxation, Tax

Status: Suspended Licensed: 45 Years

CONTACT

8110 Willoughby Ct, Bakersfield, CA 93313

800-923-0641

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LEGAL TERMS

TESTAMENTARY TRUST

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

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.

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.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

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.

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.'

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

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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Keene Estate Planning Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Robert Alan Steinberg

Thomas Dale Reid

Christina Jonae Oleson

Joseph Stephen Pearl

Robert Thurman Owen

Andrew Christopher Smith

Diane Sue Messer Dodds

Joshua Gowell Wilson

Anna Ferran Wells

Barry Lee Mccown

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LEGAL TERMS

TESTAMENTARY TRUST

ADMINISTRATION (OF AN ESTATE)

SPENDTHRIFT TRUST

EXEMPTION TRUST

SUMMARY PROBATE

PRETERMITTED HEIR

HEIR APPARENT

PROPERTY CONTROL TRUST

TRUST MERGER

SAMPLE LEGAL CASES

Murphy v. Murphy

In re Estate of Young

Chang v. Lederman

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