Anaheim Estate Lawyer, California

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Jeffery Joseph Czech Lawyer

Jeffery Joseph Czech

VERIFIED
Landlord-Tenant, Trusts, Estate, Elder Law

Jeff’s practice includes business litigation, business formation, probate litigation and estate planning and other transactional work. He has extens... (more)

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800-968-0380

John Joseph Stanton Lawyer

John Joseph Stanton

VERIFIED
Estate, Divorce & Family Law, Trusts, Estate Planning, Wills & Probate

Hiring a lawyer can be intimidating. Stepping into a lawyer's office can be even more stressful. At our firm, however, we strive to take the stress ou... (more)

K. Sean  Singh Lawyer

K. Sean Singh

VERIFIED
Divorce & Family Law, Accident & Injury, Estate, Employment, Criminal
Experience. Reliability. Results.

Attorney K. Sean Singh is an established and experienced lawyer at the head of the Law Offices of K. Sean Singh and Associates, a Santa Ana-based law ... (more)

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800-683-8070

Brasov  Law Lawyer

Brasov Law

VERIFIED
Estate, Wills & Probate, Trusts
Estate planning law firm dedicated to helping families leave a legacy and protect their rights.

Based in La Mirada and serving clients throughout California, Brasov Law provides comprehensive estate planning for individuals and families. Mr. Bra... (more)

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213-948-2500

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John Charles Fitzgerald Lawyer

John Charles Fitzgerald

VERIFIED
Bankruptcy & Debt, Tax, Business Organization, Estate, State Government

At Law Offices of John Charles Fitzgerald, we efficiently and effectively guide clients to improve their finances. All through California we can help ... (more)

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800-964-0971

Paul Cong Nguyen Lawyer

Paul Cong Nguyen

VERIFIED
Bankruptcy & Debt, Estate, Intellectual Property, Business

Mr. Paul C. Nguyen is licensed to practice law in California. He graduated Cum Laude with a B.S. degree in Business Finance and Economics from the Un... (more)

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800-371-1790

September  Katje Lawyer

September Katje

VERIFIED
Estate, Business Organization

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California. She was a Dean's Honor List recipient and graduated C... (more)

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714-676-1899

Jeffrey John Ogorek Lawyer

Jeffrey John Ogorek

VERIFIED
Real Estate, Estate, Consumer Rights, Business, Business Organization

Mr. Ogorek earned his Juris Doctorate degree from the University of California, Hastings College of the Law in 2012, where he received the Hasting 106... (more)

Krystina  Tran Lawyer

Krystina Tran

VERIFIED
Bankruptcy & Debt, Accident & Injury, Estate Planning, Foreclosure, Landlord-Tenant

Attorney Tran is a practicing lawyer in the state of California.

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800-391-3210

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LEGAL TERMS

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

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.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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.

ADMINISTRATOR

A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

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 ...