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David E. Castro
About | Practice Areas
Law Office of David E. Castro
4970 Rocklin Rd Suite 300 Rocklin, CA 95677» view map
Accident & Injury Law
Your Local, Legal Professionals

The Law Office of David E Castro is a multi-specialty law practice that provides compassionate, individualized, and aggressive legal counsel.

800-745-0730
1. David E. Castro Rocklin, CA
  Attorney at Law - CA, 2014
  Florida Coastal School of Law
2. AboutLaw Office of David E. Castro
  Your Local, Legal Professionals
3. Practice AreasExpertise
  Accident & Injury Law
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Brigitte Binkert

Estate Planning, Contract, Intellectual Property, International, Trusts

Status: In Good Standing Licensed: 17 Years

CONTACT

650 Castro St, Mountain View, CA 94041

Dawna Tish Loeb

Trusts

Status: In Good Standing Licensed: 25 Years

CONTACT

GCA Law Partners, Mountain View, CA 94040

Barbara Elaine Small

Tax, Immigration, Trusts, Estate Planning

Status: In Good Standing Licensed: 37 Years

CONTACT

GCA Law Partners LLP, Mountain View, CA 94040

Liza Weiman Hanks

Wills, Trusts, Gift Taxation, Estate Planning

Status: In Good Standing

CONTACT

2570 W El Camino Real, Mountain View, CA 94040

Miki C. Valente

Estate Planning, International Tax, Trusts, Estate, Wills

Status: In Good Standing Licensed: 25 Years

CONTACT

220 State St, Los Altos, CA 94022

Linda Christine Kramer

Real Estate, Wills, Trusts, Elder Law

Status: In Good Standing

CONTACT

280 2Nd St, Los Altos, CA 94022

Deborah Gail Radin

Health Care, Wills, Trusts, Civil & Human Rights

Status: In Good Standing

CONTACT

280 2Nd St, Los Altos, CA 94022

Richard L Ehrman

International, Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

400 Main St, Los Altos, CA 94022

Lawrence A. Klein

International, Trusts, Gift Taxation, Estate

Status: Inactive

CONTACT

400 Main St, Los Altos, CA 94022

Jeannie N L Tran

Real Estate, Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

438 S Murphy Ave, Sunnyvale, CA 94086

800-923-0641

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LEGAL TERMS

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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.

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.

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.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

SAMPLE LEGAL CASES

Schwartz v. Labow

... The probate court's general jurisdiction encompasses "the internal affairs of trusts" and "[o]ther actions and proceedings involving trustees...." 17000, subds. ... 427 (2) The probate court has general power and duty to supervise the administration of trusts. ...

In re Estate of Young

... (a)(2)(D).) The trial court ruled that the Estate was the prevailing party, because it had showed sufficient evidence of undue influence and fraud in the establishment of the trusts. ... A. Creation of Land Trusts and Operational Trusts; Background. ...

Bilafer v. Bilafer

... SIMONS, Acting PJ. On December 30, 1999, Mitchell J. Bilafer (Mitchell) [1] executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. ...

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Mountain View Trusts Lawyer, California

Sponsored Law Firm

Law Office of David E. Castro

SPONSORED LAWYERS

Brigitte Binkert

Dawna Tish Loeb

Barbara Elaine Small

Liza Weiman Hanks

Miki C. Valente

Linda Christine Kramer

Deborah Gail Radin

Richard L Ehrman

Lawrence A. Klein

Jeannie N L Tran

TIPS

LEGAL TERMS

REMAINDERMAN

RESIDUARY BENEFICIARY

ABATEMENT

ACCUMULATION TRUST

ESTATE TAXES

RESIDUARY ESTATE

NONPROBATE

SPENDTHRIFT TRUST

AB TRUST

SAMPLE LEGAL CASES

Schwartz v. Labow

In re Estate of Young

Bilafer v. Bilafer

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