Middletown Estate Lawyer, California

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Dennis Vincent Montalbano

Income Tax, Trusts, Estate, Medical Malpractice
Status:  In Good Standing           Licensed:  33 Years

Kristin Nelson Casey

Estate Planning, Federal Appellate Practice, Elder Law
Status:  In Good Standing           Licensed:  34 Years

Debra Spotts Blum

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

Karen Maresca Macdougall

International, Trusts
Status:  In Good Standing           Licensed:  38 Years

Maria Grace Wilson

Lawsuit & Dispute, Visa, Trusts, Estate
Status:  Retired           Licensed:  32 Years

Rafael Rios

Business, Real Estate, Immigration, Estate, Alcoholic Beverages
Status:  In Good Standing           

Gail Elizabeth Jonas

Trusts, Estate, Family Law
Status:  In Good Standing           Licensed:  47 Years

Matthew Howard Welty

Lawsuit & Dispute, Trusts, Mass Torts
Status:  In Good Standing           Licensed:  18 Years

Timothy Dennis Fitzpatrick

Estate, Child Custody, Business, Medical Malpractice
Status:  In Good Standing           Licensed:  45 Years

Robert Michael Fanucci

Commercial Real Estate, International Tax, Estate Planning, Criminal, Business
Status:  In Good Standing           

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

TESTAMENTARY TRUST

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

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

DEED OF TRUST

See trust deed.

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 ...