Rio Dell Trusts Lawyer, California

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James Joseph Aste

Wills, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  22 Years

Jessica Michelle Felse

Real Estate, Trusts, Child Custody, Criminal
Status:  In Good Standing           Licensed:  9 Years

Robert Allen Zigler

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills
Status:  In Good Standing           Licensed:  47 Years

Arthur Gary Nielsen

Power of Attorney, Trusts, Gift Taxation, Corporate
Status:  In Good Standing           Licensed:  30 Years

Arthur Nielsen

Litigation, Trusts, Gift Taxation, Corporate
Status:  In Good Standing           Licensed:  30 Years

Robert Douglas Prior

Real Estate Other, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  67 Years

Richard Gordon Daly

Tax, Trusts, Gift Taxation, Estate Planning
Status:  Inactive           Licensed:  57 Years

Angela Petrusha

Wills, Trusts
Status:  In Good Standing           

James Dale Poovey

Estate Planning, Elder Law, Commercial Real Estate, Business, Trusts
Status:  In Good Standing           Licensed:  46 Years

Daniel Earl Cooper

Commercial Real Estate, Wills, Trusts, Elder Law
Status:  In Good Standing           Licensed:  32 Years

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

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LEGAL TERMS

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

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.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

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. ...