Oakland Estate Planning Lawyer, California

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Includes: Gift Taxation

William S Lawler Lawyer

William S Lawler

VERIFIED *Status is reviewed annually. For latest information visit here
Trusts, Estate Planning, Business, Corporate

Mr. Lawler has over thirty (30) years of experience in representing business clients in formation, organization, corporate governance, corporate finan... (more)

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480-339-0181

Randall B Schmidt Lawyer

Randall B Schmidt

VERIFIED *Status is reviewed annually. For latest information visit here
Estate, Wills & Probate, Trusts, Estate Planning, Estate Administration

Mr. Schmidt proudly represents his clients in all estate matters in the San Francisco and surrounding areas.

Cynthia S. Cho Lawyer

Cynthia S. Cho

VERIFIED *Status is reviewed annually. For latest information visit here
Estate Planning, Contract, Dispute Resolution, Elder Law, Family Law

Cynthia Cho is the founder of the CC Law Group and its principal attorney.Cynthia has built her reputation as a highly successful attorney by being no... (more)

Jeffrey D Hosking

Construction, Litigation, Estate Planning, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Meredith E Brown

Construction, Estate Planning, Family Law, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Guy A. Bryant

Corporate, Employment, Estate Planning, Family Law, Insurance
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Keith Schiller

Corporate, Business Organization, Contract, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Stephanni Marie Hemmi

Business Organization, Corporate Tax, Elder Law, Gift Taxation
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

James H. Oddie

Business Organization, Family Law, Corporate, Estate Planning
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Richard D. Shively

Bad Faith, Estate Planning, Family Law, Corporate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

FREE CONSULTATION 

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Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

SURROGATE COURT

See probate court.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

IRREVOCABLE TRUST

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

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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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