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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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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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Terry Nan Gross

Public Law, Trusts, Estate

Status: In Good Standing Licensed: 35 Years

CONTACT

Elk, CA 95432

Mark Leland Ranft

Real Estate, Litigation, Trusts, Family Law

Status: In Good Standing Licensed: 29 Years

CONTACT

597 S Main St, Calpella, CA 95482

David Eugene Shell

Real Estate, Trusts, Estate

Status: Inactive Licensed: 47 Years

CONTACT

206 S Oak St, Calpella, CA 95482

Brian Charles Carter

Estate Planning, Environmental Law, Commercial Real Estate, Business, Trusts

Status: In Good Standing Licensed: 36 Years

CONTACT

305 N Main St, Ukiah, CA 95482

Attila Panczel

Federal Appellate Practice, Trusts, Insurance, Contract

Status: In Good Standing Licensed: 17 Years

CONTACT

445 N State St, Ukiah, CA 95482

Myrna Lee Oglesby

Trusts, Gift Taxation, Estate Planning, Estate

Status: In Good Standing Licensed: 41 Years

CONTACT

533 S Main St, Calpella, CA 95482

Debra Irwin Decarli

Estate Planning, Personal Injury, Mass Torts, Trusts, Estate

Status: In Good Standing Licensed: 30 Years

CONTACT

45100 Main St, Mendocino, CA 95460

Margaret Mary O'Rourke

Estate Planning, Wills & Probate, Trusts, Elder Law

Status: In Good Standing Licensed: 43 Years

CONTACT

45160 Main Street, Mendocino, CA 95460

Susan Jenness Hartley

Trusts, Employee Rights, Employment

Status: In Good Standing Licensed: 44 Years

CONTACT

Calpella, CA 95418

800-923-0641

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LEGAL TERMS

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.

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.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

DEED OF TRUST

See trust deed.

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.

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

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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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Philo Trusts Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Terry Nan Gross

Mark Leland Ranft

David Eugene Shell

Brian Charles Carter

Attila Panczel

Myrna Lee Oglesby

Debra Irwin Decarli

Margaret Mary O'Rourke

Susan Jenness Hartley

TIPS

LEGAL TERMS

PROVING A WILL

PER STIRPES

TRUST MERGER

LETTERS TESTAMENTARY

DEVISEE

DEED OF TRUST

TAKING AGAINST THE WILL

SPECIAL ADMINISTRATOR

SUCCESSOR TRUSTEE

SAMPLE LEGAL CASES

Schwartz v. Labow

In re Estate of Young

Bilafer v. Bilafer

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