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Charles Kevin Martin Lawyer

Charles Kevin Martin

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Bankruptcy & Debt, Lawsuit & Dispute, Estate, Property Damage, Real Estate

I was born, raised and grew up in Orange County, getting married and raising three children within the local community. I graduated from the Universit... (more)

Frank D. Granato Lawyer

Frank D. Granato

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Real Estate, Landlord-Tenant, Bankruptcy, Business, Wills & Probate

No need to hire a multitude of attorneys. My team of dedicated legal professionals is well-versed in many specialized areas. We will not advocate for... (more)

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John Joseph Stanton Lawyer

John Joseph Stanton

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Estate, Divorce & Family Law, Trusts, Estate Planning, Wills & Probate

Hiring a lawyer can be intimidating. Stepping into a lawyer's office can be even more stressful. At our firm, however, we strive to take the stress ou... (more)

Scott  Feig Lawyer

Scott Feig

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Estate, Power of Attorney, Divorce & Family Law, Contract, Family Law
We understand the steps it takes for a person to reach out for legal guidance.

Scott Feig is a member of the California State Bar, California State Bar Estates Section, Orange County Bar Association Estates Section, and the Calif... (more)

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Michael Thomas Walsh Lawyer

Michael Thomas Walsh

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Estate, Trusts, Wills & Probate
Years Of Experience In Estate Planning

Michael T. Walsh has practiced law in the area of estate planning for over two decades. Mr. Walsh has been designated as a Certified Specialist in Est... (more)

Michael Ignatius Goode Lawyer

Michael Ignatius Goode

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Business, Wills & Probate, Trusts, Estate Administration, Employment

Michael Goode is a practicing lawyer in the state of California. Mr. Goode received his J.D. from the Pepperdine University School of Law.

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Richard Scott Case Lawyer

Richard Scott Case

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Wills & Probate, Trusts, Estate Planning

Richard Scott Case is a practicing lawyer in the state of California handling Estate matters.

Daniel J. Cooper Lawyer

Daniel J. Cooper

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Estate, Wills & Probate

Daniel J. Cooper is a California attorney and has been the sole shareholder of Daniel J. Cooper, a professional corporation, since 1980. Mr. Cooperâ€... (more)

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Harry B. Gill Lawyer

Harry B. Gill

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Estate, Trusts, Tax, Business, Real Estate
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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Elizabeth Theresa Apodaca Lawyer

Elizabeth Theresa Apodaca

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Wills & Probate, Trusts

Liz Apodaca is owner and chief legal counsel at My Attorney L.A. where she specializes in Estate Planning, Probate and related areas of practice. A... (more)

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LEGAL TERMS

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living 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 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). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

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.

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.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

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

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

OFFICER

A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

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.

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 ...