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Amiel Wade
About | Practice Areas
Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113» view map
Wills & Probate Law
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Our goal is to have our core areas of practice rank among the top in the legal community.

888-909-9430
1. Amiel Wade San Jose, CA
  Attorney at Law- CA, 1996
  Rutgers School of Law—Camden, Rutgers University, J.D. 1996
2. AboutWade Law Group
  Working With Excellent Attorneys
3. Practice AreasExpertise
  Wills & Probate Law
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Includes: Gift Taxation

James P. Casey

Estate Planning, Divorce & Family Law, Juvenile Law, Criminal

Status: In Good Standing

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530 W. Ojai Avenue, Ojai, CA 93023

Ajay Clark Whittemore

International Tax, International, Gift Taxation, Business

Status: In Good Standing

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3820 State St, Santa Barbara, CA 93105

Alexander Edward Saunders

Estate Planning, International Tax, Trusts, Estate, Wills

Status: In Good Standing Licensed: 17 Years

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15 W Carrillo St, Santa Barbara, CA 93101

Arthur Gross Schaefer

General Practice

Status: Inactive Licensed: 48 Years

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4598 Camino Molinero, Santa Barbara, CA 93110

Braden Robert Leck

Estate Planning, Commercial Real Estate, Business, Trusts, Wills

Status: In Good Standing Licensed: 25 Years

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427 E Carrillo St, Santa Barbara, CA 93101

Brett Walter Piersma

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 10 Years

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112 E Victoria St, Santa Barbara, CA 93101

Brooke Taylor Cleary

International, Trusts, Gift Taxation, Estate

Status: In Good Standing Licensed: 17 Years

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1224 Coast Village Cir, Santa Barbara, CA 93108

Carolyn Jo Vondriska

Wills, Estate Planning, Estate

Status: In Good Standing Licensed: 31 Years

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603 W Ojai Ave, Ojai, CA 93023

Charles LeBeau

Accident & Injury, Personal Injury, Estate, Estate Planning

Status: In Good Standing Licensed: 45 Years

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312 E Cook St, Santa Maria, CA 93454

Christopher Carl Jones

International Tax, Estate Planning, Estate, Business & Trade

Status: Inactive Licensed: 52 Years

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427 E Carrillo St, Santa Barbara, CA 93101

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LEGAL TERMS

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

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.

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. ...

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New Cuyama Estate Planning Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

James P. Casey

Ajay Clark Whittemore

Alexander Edward Saunders

Arthur Gross Schaefer

Braden Robert Leck

Brett Walter Piersma

Brooke Taylor Cleary

Carolyn Jo Vondriska

Charles LeBeau

Christopher Carl Jones

TIPS

LEGAL TERMS

SPECIAL ADMINISTRATOR

QTIP TRUST

PROVING A WILL

WILL

TRUST CORPUS

TAKING AGAINST THE WILL

PER CAPITA

INHERITANCE TAXES

LAPSE

SAMPLE LEGAL CASES

Murphy v. Murphy

In re Estate of Young

Chang v. Lederman

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