Sunnyvale Wills & Probate Lawyer, California

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Includes: Estate Administration, Living Wills, Wills

James Patrick Cilley Lawyer

James Patrick Cilley

VERIFIED
Estate, Wills & Probate, Trusts, Estate Planning, Power of Attorney

James P. Cilley is certified as a Specialist in trust and estate litigation, fiduciary disputes, and elder abuse actions by the California State Bar B... (more)

Richard Alan Wingerden Lawyer

Richard Alan Wingerden

VERIFIED
Estate, Trusts, Wills & Probate, Estate Planning, Power of Attorney

Mr. Wingerden is very knowledgeable in the area of estate planning. As your lawyer, the main goal is to execute a legal document that clearly preserve... (more)

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800-940-6950

John D. Teter Lawyer

John D. Teter

VERIFIED
Tax, Estate Planning, Contract, Real Estate Other, Wills & Probate

As a lawyer for over 30 years, on a daily basis, John Teter has assisted thousands of clients in achieving their business and personal goals. He draws... (more)

Kai H. Wessels

Estate, Wills & Probate
Status:  In Good Standing           

FREE CONSULTATION 

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Jack Benoun

Family Law, Wills & Probate, Wills, Divorce
Status:  In Good Standing           

FREE CONSULTATION 

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Michael J. Connich

Estate Planning, Family Law, Wills & Probate
Status:  In Good Standing           

Sean Hanley

Wills, Trusts, Estate Planning, Bankruptcy
Status:  In Good Standing           

Marcus James Godfrey

Wills, Trusts, Estate
Status:  In Good Standing           Licensed:  12 Years

Jaspreet S. Tiwana

Immigration, Wills, Trusts, Business
Status:  In Good Standing           Licensed:  10 Years

Ernie P Santamaria

Wills, Trusts
Status:  In Good Standing           Licensed:  14 Years

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LEGAL TERMS

FUNDING A TRUST

Transferring ownership of property to a trust.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

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.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

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.

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.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... 1118 OPINION. CORRIGAN, J.—. In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. ... We granted review. II. DISCUSSION. A. Probate Guardianship. ...

Schwartz v. Labow

... In August 2003, the probate court appointed Lionel B. Sanders, certified public accountant, conservator of Sylvia's and Louis's estates in the related conservatorships. ... DISCUSSION. 1. The probate court had jurisdiction in November 2005 to suspend appellant trustee's powers. ...

Estate of Bennett

... (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 settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). ...