Santa Monica Trusts Lawyer, California

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Scott Edward Rahn Lawyer

Scott Edward Rahn

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Wills & Probate, Trusts, Lawsuit & Dispute, Estate Administration, Real Estate

California attorney Scott Rahn resolves contests, disputes and litigation related to trusts, estates and conservatorships, creating a welcome peace ... (more)

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Solis  Cooperson Lawyer

Solis Cooperson

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Wills & Probate, Estate, Trusts, Tax

We specialize in: Probate, Wills and Estate Planning, Estate Litigation and special issues regarding Testamentary Competence and Elder Abuse.

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John R. Ronge Lawyer

John R. Ronge

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Estate Planning, International Tax, Trusts, Estate, Wills

John R. Ronge, Attorney at Law has been providing quality, personalized legal and professional guidance to individuals, estates, trusts and businesses... (more)

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David A. Schechet Lawyer

David A. Schechet

Estate, Estate Planning, Wills & Probate, Trusts, Guardianships & Conservatorships
California Estate Planning, Conservatorship, Guardianship, and Real Estate Lawyer

David A. Schechet is a client-first attorney with more than 35 years of legal experience. Knowledgeable in many areas of law, Attorney Schechet concen... (more)

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Terence S. Nunan

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

Harold Weinstock

Estate Planning, Tax, Trusts
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Joseph Charles Girard

Elder Law, Estate Planning, Trusts, Litigation
Status:  In Good Standing           Licensed:  53 Years

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Jane Beaumont Hall

Wills & Probate, Trusts, Estate Planning, Estate
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Joseph Edward Deering

Wills & Probate, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  52 Years

Lisa Carol Alexander

Wills, Trusts, Estate, Medical Malpractice
Status:  In Good Standing           Licensed:  38 Years

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LEGAL TERMS

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

TESTAMENTARY TRUST

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

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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.'

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.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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. ...