Aliso Viejo Estate Lawyer, California

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Charles Kevin Martin Lawyer

Charles Kevin Martin

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Bankruptcy & Debt, Lawsuit & Dispute, Estate, Property Damage, Real Estate

I was born, raised and grew up in Orange County, getting married and raising three children within the local community. I graduated from the Universit... (more)

Daniel J. Cooper Lawyer

Daniel J. Cooper

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Estate, Wills & Probate

Daniel J. Cooper is a California attorney and has been the sole shareholder of Daniel J. Cooper, a professional corporation, since 1980. Mr. Cooperâ€... (more)

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949-859-8456

Harry B. Gill Lawyer

Harry B. Gill

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Estate, Trusts, Tax, Business, Real Estate
JD (2013); LL.M Tax (2014)

Harry counsels predominately high net-worth families and closely-held businesses in a broad range of matters, including areas of taxation (state, nati... (more)

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949-867-2100

Michael Thomas Walsh Lawyer

Michael Thomas Walsh

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Estate, Trusts, Wills & Probate
Years Of Experience In Estate Planning

Michael T. Walsh has practiced law in the area of estate planning for over two decades. Mr. Walsh has been designated as a Certified Specialist in Est... (more)

Michael Ignatius Goode Lawyer

Michael Ignatius Goode

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Business, Wills & Probate, Trusts, Estate Administration, Employment

Michael Goode is a practicing lawyer in the state of California. Mr. Goode received his J.D. from the Pepperdine University School of Law.

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800-737-9721

Scott  Feig Lawyer

Scott Feig

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Estate, Power of Attorney, Divorce & Family Law, Contract, Family Law
We understand the steps it takes for a person to reach out for legal guidance.

Scott Feig is a member of the California State Bar, California State Bar Estates Section, Orange County Bar Association Estates Section, and the Calif... (more)

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800-906-3031

Amy L. Koshinski

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

Bruce D. Gleit

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

David W. Klasing

Franchising, Wills & Probate, Corporate, Wills
Status:  In Good Standing           

James A. Schmiesing

Commercial Real Estate, Estate Administration, Estate Planning, Corporate
Status:  In Good Standing           

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LEGAL TERMS

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

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.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

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.'

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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.

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 ...