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Moraga Estate Planning Lawyer, California


Includes: Gift Taxation

Keith Schiller

Corporate, Business Organization, Contract, Estate Planning, Wills & Probate
Status:  In Good Standing           

Matthew S. Toth

Estate Planning, Family Law, Guardianships & Conservatorships, Wills & Probate, Trusts
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Stephanni Marie Hemmi

Business Organization, Corporate Tax, Elder Law, Gift Taxation, Estate Administration
Status:  In Good Standing           

Timothy B Walker

Estate Planning, Wills & Probate
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT
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Michelle McKenna

Wills & Probate, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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Thomas Seaton

Family Law, Estate Planning, Real Estate, Litigation, Criminal
Status:  In Good Standing           

FREE CONSULTATION 

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Frank R. Acuña

Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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Ruth Koller Burke

Estate Planning, Litigation, Trusts, Wills & Probate, Elder Law
Status:  In Good Standing           

FREE CONSULTATION 

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Matthew B. Talbot

Trusts, Wills & Probate, Estate Planning, Estate Administration, Guardianships & Conservatorships
Status:  In Good Standing           Licensed:  11 Years

FREE CONSULTATION 

CONTACT

G Scott Haislet

Trusts, Commercial Real Estate, Wills, Gift Taxation
Status:  In Good Standing           Licensed:  21 Years

Free Help: Use This Form or Call 800-943-8690

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Easily find Moraga Estate Planning Lawyers and Moraga Estate Planning Law Firms. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.

LEGAL TERMS

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

CERTIFICATION OF TRUST

See abstract of trust.

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.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

GRANTOR

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

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

SAMPLE LEGAL CASES

Murphy v. Murphy

... The probate court has discretion, circumscribed by the statutory scheme, to order a "substituted judgment" that authorizes a conservator on behalf of a conservatee to take necessary or desirable action to facilitate estate planning, when a reasonably prudent person in the ...

In re Estate of Young

... her lawyer at the time, Dennis Burns. Mr. Burns represented her for 15 years for estate planning purposes and a bankruptcy of one of Young's businesses, Green Thumb Nursery. In the 1991 estate plan, Charles was expressly ...

Chang v. Lederman

... 2. The Law Regarding Liability for Negligence in Estate Planning to Intended or Potential Beneficiaries. ... Nevertheless, the attorney prepared new estate planning documents that fundamentally changed the plan and made a substantial gift to Michael. ...