Sacramento County, CA Trusts Lawyers

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Michael R. Kelly Lawyer

Michael R. Kelly

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

At Miner & Kelly, our mission is to protect and assert client’s rights while guiding them through the legal process, to provide excellent personal s... (more)

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Anastasia Salmon

Estate Planning, Elder Law, Family Law, Trusts, Estate
Status:  In Good Standing           

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Robert Logan

Wills & Probate, Trusts, Estate Planning, Business Organization
Status:  In Good Standing           

Victor Waid

Estate, Trusts
Status:  In Good Standing           Licensed:  53 Years

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Richard Allen Lewis

Tax, Wills & Probate, Trusts, Estate, Divorce & Family Law
Status:  In Good Standing           Licensed:  36 Years

John M. Goralka

International Tax, Trusts, Estate Planning, Estate, Business
Status:  In Good Standing           

Jennifer S. Rouse

Wills, Wills & Probate, Trusts, Corporate
Status:  In Good Standing           Licensed:  26 Years

Frans Wiete Ter Haar

Trusts, Estate Planning, Estate Administration, Wills & Probate
Status:  In Good Standing           Licensed:  33 Years

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Jonathan Paul Huber

Trusts, Estate, Wills & Probate, Estate Planning
Status:  In Good Standing           Licensed:  21 Years

Graham Barton Mcdougal

Wills, Wills & Probate, Trusts, Corporate, Business
Status:  In Good Standing           Licensed:  26 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

CURATOR

See conservator.

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.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

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).

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.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

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.

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. ...