El Dorado Trusts Lawyer, California

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Michael J. Hodnett

Commercial Real Estate, Trusts, Contract, Business
Status:  In Good Standing           

Jana Stuart Ellerman

Trusts, Estate, Elder Law, Wills
Status:  In Good Standing           Licensed:  38 Years

Terri Anne Smith

Dispute Resolution, Trusts, Family Law, Divorce & Family Law
Status:  In Good Standing           Licensed:  25 Years

Brian Eugene Maloney

Tax, Trusts, Estate, Pension & Benefits
Status:  In Good Standing           

Clara Yang

Other, Trusts, Gift Taxation, Estate
Status:  In Good Standing           Licensed:  21 Years

Valerie A Baker

Trusts, Education, Commercial Real Estate, Wills
Status:  In Good Standing           Licensed:  30 Years

Catherine Ann Lawson

Wills, Trusts, Estate
Status:  In Good Standing           Licensed:  40 Years

Kevin Andrew James

Real Estate, Trusts, Business
Status:  In Good Standing           Licensed:  12 Years

Nathaniel David Willson

Other, Real Estate, Government, Trusts
Status:  In Good Standing           Licensed:  11 Years

Steven Rice

Corporate, Employee Rights, Trusts, Wills
Status:  Inactive           Licensed:  52 Years

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LEGAL TERMS

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.

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.

FAILURE OF ISSUE

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

LIFE BENEFICIARY

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

SURROGATE COURT

See probate court.

NET ESTATE

The value of all property owned at death less liabilities or debts.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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.

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.

SAMPLE LEGAL CASES

Schwartz v. Labow

... The probate court's general jurisdiction encompasses "the internal affairs of trusts" and "[o]ther actions and proceedings involving trustees...." 17000, subds. ... 427 (2) The probate court has general power and duty to supervise the administration of trusts. ...

In re Estate of Young

... (a)(2)(D).) The trial court ruled that the Estate was the prevailing party, because it had showed sufficient evidence of undue influence and fraud in the establishment of the trusts. ... A. Creation of Land Trusts and Operational Trusts; Background. ...

Bilafer v. Bilafer

... SIMONS, Acting PJ. On December 30, 1999, Mitchell J. Bilafer (Mitchell) [1] executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. ...