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Montague Trusts Lawyer, California

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David Illingwort Clough

Trusts, Child Custody, Accident & Injury
Status:  In Good Standing           Licensed:  49 Years
CONTACT
15020 Shoreline Dr, Weed, CA 96094
Profile LAWPOINTS™36/100
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James Viraxay Phelps

Trusts, Workers' Compensation, Civil Rights, Bankruptcy
Status:  In Good Standing           Licensed:  18 Years
CONTACT
1312 Fairlane Road, Yreka, CA 96097
Profile LAWPOINTS™26/100
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Thomas Vincent Wearing

Trusts, Estate
Status:  In Good Standing           Licensed:  49 Years
CONTACT
Mount Shasta, CA 96067
Profile LAWPOINTS™19/100
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Robert Bailey Boston

Trusts, Estate
Status:  In Good Standing           Licensed:  45 Years
CONTACT
205 N Mt Shasta Bvod, Mount Shasta, CA 96067
Profile LAWPOINTS™26/100
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Neil W. Wiley

Trusts, Gift Taxation, Estate, Business
Status:  In Good Standing           
CONTACT
Greenview, CA 96037
Profile LAWPOINTS™36/100
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Neil Wayne Wiley

Trusts, Gift Taxation, Estate, Business
Status:  In Good Standing           Licensed:  43 Years
CONTACT
Greenview, CA 96037
Profile LAWPOINTS™26/100
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LEGAL TERMS

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

FAILURE OF ISSUE

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

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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. ...

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