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Amiel Wade
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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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Keith Schiller

Corporate, Business Organization, Contract, Estate Planning

Status: In Good Standing

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4 Orinda Way, Orinda, CA 94563

Stephanni Marie Hemmi

Business Organization, Corporate Tax, Elder Law, Gift Taxation

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4 Orinda Way, Orinda, CA 94563

Frank R. Acuña

Estate, Private Judging, Mediation, Collection

Status: In Good Standing

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1981 North Broadway, Walnut Creek, CA 94596

James Joseph Fishel

Wills, Wills & Probate, Family Law, Civil Rights

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1375 Locust Street, Walnut Creek, CA 94596

Thomas Seaton

Real Estate, Litigation, Estate Planning, Family Law

Status: In Good Standing

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2121 North California Boulevard, Walnut Creek, CA 94596

Harvey C. Shapiro

Estate Planning

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1600 S. Main Street, Walnut Creek, CA 94596

Carol Palacio

Estate Planning

Status: In Good Standing

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1600 S. Main Street, Walnut Creek, CA 94596

Kelly Elizabeth Balamuth

Trusts, Medical Malpractice, Car Accident, Accident & Injury

Status: In Good Standing

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1001 Country Club Dr, Moraga, CA 94556

Kelly Elizabeth Balamuth

Trusts, Personal Injury, Medical Malpractice, Accident & Injury

Status: In Good Standing

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1001 Country Club Dr, Moraga, CA 94556

Derrek Jei

Trusts, Litigation

Status: In Good Standing Licensed: 20 Years

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1629 Del Monte Way, Moraga, CA 94556

800-923-0641

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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.'

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

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.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

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.'

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.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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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Moraga Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Keith Schiller

Stephanni Marie Hemmi

Frank R. Acuña

James Joseph Fishel

Thomas Seaton

Harvey C. Shapiro

Carol Palacio

Kelly Elizabeth Balamuth

Kelly Elizabeth Balamuth

Derrek Jei

TIPS

LEGAL TERMS

BEQUEATH

EXECUTOR

PROBATE COURT

POUR-OVER WILL

PRETERMITTED HEIR

SWEARING MATCH

POWER OF APPOINTMENT

HOLOGRAPHIC WILL

NONPROBATE

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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