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Amiel Wade
About | Practice Areas
Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113» view map
Wills & Probate Law
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Our goal is to have our core areas of practice rank among the top in the legal community.

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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Carol Palacio

Estate Planning

Status: In Good Standing

FREE CONSULTATION

CONTACT

1600 S. Main Street, Walnut Creek, CA 94596

Elliott Abrams

Trusts, Estate

Status: In Good Standing

CONTACT

2815 Mitchell Dr, Walnut Creek, CA 94598

Frank R. Acuña

Estate, Private Judging, Mediation, Collection

Status: In Good Standing

FREE CONSULTATION

CONTACT

1981 North Broadway, Walnut Creek, CA 94596

Harvey C. Shapiro

Estate Planning

Status: In Good Standing

FREE CONSULTATION

CONTACT

1600 S. Main Street, Walnut Creek, CA 94596

James Joseph Fishel

Wills, Wills & Probate, Family Law, Civil Rights

Status: In Good Standing

CONTACT

1375 Locust Street, Walnut Creek, CA 94596

Keith Schiller

Corporate, Business Organization, Contract, Estate Planning

Status: In Good Standing

CONTACT

4 Orinda Way, Orinda, CA 94563

Stephanni Marie Hemmi

Business Organization, Corporate Tax, Elder Law, Gift Taxation

Status: In Good Standing

CONTACT

4 Orinda Way, Orinda, CA 94563

Thomas Seaton

Real Estate, Litigation, Estate Planning, Family Law

Status: In Good Standing

FREE CONSULTATION

CONTACT

2121 North California Boulevard, Walnut Creek, CA 94596

Aaron Roy Feldman

Other, Litigation, Trusts, Elder Law

Status: In Good Standing Licensed: 42 Years

CONTACT

1855 Olympic Blvd, Walnut Creek, CA 94596

Agnieszka Kamila Adams

Class Action, International Tax, Trusts, Estate Planning

Status: In Good Standing Licensed: 15 Years

CONTACT

1999 Harrison St, Oakland, CA 94612

800-923-0641

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LEGAL TERMS

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

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.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

DEED OF TRUST

See trust deed.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

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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Walnut Creek Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Carol Palacio

Elliott Abrams

Frank R. Acuña

Harvey C. Shapiro

James Joseph Fishel

Keith Schiller

Stephanni Marie Hemmi

Thomas Seaton

Aaron Roy Feldman

Agnieszka Kamila Adams

TIPS

LEGAL TERMS

GROSS ESTATE

ESTATE TAXES

RESIDUARY ESTATE

SWEARING MATCH

PROVING A WILL

TRUST MERGER

DEED OF TRUST

QTIP TRUST

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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