Modesto Estate Lawyer, California

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Colleen  Van Egmond Lawyer

Colleen Van Egmond

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Estate Planning, Trusts, Wills & Probate, Business, Corporate

Colleen Van Egmond is an accomplished lawyer that has extensive legal experience in business planning, business litigation, estate planning, estate li... (more)

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800-925-4951

David  Eisenstein Lawyer

David Eisenstein

VERIFIED
Estate, Wills & Probate, Litigation, Trusts, Mediation

When it comes to legal services, there are many benefits to selecting an attorney within your own community. That’s why Borton Petrini, LLP, maintai... (more)

Ernest Thomas Elledge Lawyer

Ernest Thomas Elledge

VERIFIED
Estate, Business, Lawsuit & Dispute
30 years of serving Central California residents in areas of Family Law, Trust & Probate Litigation

Ernest Thomas Elledge Law Office will provide you trusted and superior legal services in Modesto, CA. We have a team of professionals ready to assess ... (more)

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800-885-9260

Harry B. Gill Lawyer

Harry B. Gill

VERIFIED
Real Estate, Estate, Tax, Business, International
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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209-285-2100

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Ben Roberts

Estate Planning, Elder Law, Constitutional Law, Banking & Finance
Status:  In Good Standing           

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Gary S. Davis

Mediation, Estate Planning, Transactions, Personal Injury
Status:  In Good Standing           

Robert L. Buchler

Family Law, Banking & Finance, Wills & Probate, Wills
Status:  In Good Standing           

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Alan Daniel Eighmey

Contract, Agriculture, Litigation, Trusts
Status:  In Good Standing           Licensed:  9 Years

Andrew J Dignan

General Practice
Status:  In Good Standing           Licensed:  11 Years

Anthony David Johnston

Trusts, Workers' Compensation, Consumer Protection, Civil Rights
Status:  In Good Standing           Licensed:  14 Years

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LEGAL TERMS

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

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.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

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 ...