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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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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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Craig Welch

Wills, Wills & Probate, Corporate, Contract

Status: In Good Standing

CONTACT

809 Petaluma Boulevard North, Petaluma, CA 94952

Robin Rudderow

Immigration, Trusts, Estate Planning, Criminal

Status: In Good Standing Licensed: 38 Years

CONTACT

Bodega Bay, CA 94923

Yvon O. Heckscher

Dispute Resolution, International Trade, Wills, Contract

Status: Inactive Licensed: 66 Years

CONTACT

10940 Peaks Pike Rd, Sebastopol, CA 95472

Cassandra Cole Seebaum

Trusts

Status: In Good Standing Licensed: 19 Years

CONTACT

13215 Fiori Ln, Sebastopol, CA 95472

Richard Walter Power

Tax, Commercial Real Estate, International, Gift Taxation

Status: In Good Standing Licensed: 54 Years

CONTACT

615 Hetts Ln, Sebastopol, CA 95472

Tate Allison Birnie

Immigration, Trusts, Estate, Child Custody

Status: In Good Standing Licensed: 24 Years

CONTACT

7182 Healdsburg Ave, Sebastopol, CA 95472

Karen Marie Hendrickson

Government, Trusts, Family Law, Business

Status: In Good Standing Licensed: 28 Years

CONTACT

121 N Main St, Sebastopol, CA 95472

Kenneth Scott Jacobs

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing

CONTACT

117 N Main St, Sebastopol, CA 95472

Richard Glen Cole

Estate, Employee Rights, Wills & Probate, Criminal

Status: In Good Standing Licensed: 44 Years

CONTACT

6700 Berryhill Ct, Forestville, CA 95436

Kevin Thomas O'Connor

Trusts, Estate

Status: In Good Standing Licensed: 10 Years

CONTACT

Graton, CA 95444

800-923-0641

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LEGAL TERMS

TESTAMENTARY TRUST

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

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

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.

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

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.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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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Bodega Bay Estate Lawyer, California

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Wade Law Group

SPONSORED LAWYERS

Craig Welch

Robin Rudderow

Yvon O. Heckscher

Cassandra Cole Seebaum

Richard Walter Power

Tate Allison Birnie

Karen Marie Hendrickson

Kenneth Scott Jacobs

Richard Glen Cole

Kevin Thomas O'Connor

TIPS

LEGAL TERMS

TESTAMENTARY TRUST

PROPERTY CONTROL TRUST

SELF-PROVING WILL

TAKING AGAINST THE WILL

DOWER AND CURTESY

SPECIFIC BEQUEST

RESIDUARY BENEFICIARY

REMAINDERMAN

PETITION

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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