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Jerald Scott Bennett Lawyer

Jerald Scott Bennett

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Divorce & Family Law, Estate, Business, Criminal

Jerald Bennett is a practicing lawyer in the state of California. He received his J.D. from McGeorge School of Law, University of the Pacific. He curr... (more)

Michael Paul Newman Lawyer

Michael Paul Newman

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Criminal, Personal Injury, Divorce & Family Law, Estate, Employment

Lawyer.com Member Questionnaire Please describe a case(s) in the last year or two where you made a big difference. I defended a client in a Cali... (more)

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Jeff  Grotke Lawyer

Jeff Grotke

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Accident & Injury, Criminal, Divorce & Family Law, Lawsuit & Dispute, Wills & Probate
Experienced Inland Empire Lawyer who works with you personally

Jeff Grotke is a native of San Bernardino. He has extensive experience and has been successful in Probate Litigation, Family Law, and Personal Injury.... (more)

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Richard Samuel Price Lawyer

Richard Samuel Price

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R. Sam Price is an experienced and highly educated attorney who’s passionate about helping others. Sam’s exceptional talent is to make complicated... (more)

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Brian C. Miles Lawyer

Brian C. Miles

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If you are looking for a law firm with experienced, dedicated, well-rounded and aggressive attorneys, the Law Office of Miles & Hatcher, LLP can give ... (more)

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Roger Russell Meadows Lawyer

Roger Russell Meadows

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Estate, Wills & Probate, Real Estate, Business, Accident & Injury

Welcome to The Law Offices of Roger R. Meadows have been serving the people of California since 1970. We are a general practice law firm. We have a ri... (more)

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Richard Isaac Gonzalez Lawyer

Richard Isaac Gonzalez

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Richard I. Gonzalez proudly serves Redlands, CA and the neighboring communities in the areas of Accident & Injury, Personal Injury, Divorce & Family L... (more)

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September  Katje Lawyer

September Katje

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Estate, Business Organization

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California. She was a Dean's Honor List recipient and graduated C... (more)

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Jeffrey John Ogorek Lawyer

Jeffrey John Ogorek

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Mr. Ogorek earned his Juris Doctorate degree from the University of California, Hastings College of the Law in 2012, where he received the Hasting 106... (more)

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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

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

SUCCESSOR TRUSTEE

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

DEED OF TRUST

See trust deed.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

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.'

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 ...