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Sacramento Wills & Probate Lawyer, California


Includes: Estate Administration, Living Wills, Wills

Timothy Michael Weir Lawyer

Timothy Michael Weir

VERIFIED
Estate Planning, Litigation, Trusts, Wills & Probate, Estate Administration

Timothy Weir is a practicing lawyer in the state of California. He graduated from McGeorge School of Law, University of the Pacific with his J.D. in 1... (more)

Peter P. Vlautin III Lawyer

Peter P. Vlautin III

VERIFIED
Trusts, Wills & Probate, Estate Planning, Litigation, Elder Law

Peter Vlautin has over 35 years of Litigation Experience and a Masters (LL.M.)Degree in Taxation. Peter's practice includes Trusts, Wills, Probate ... (more)

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Eurik  O'Bryant Lawyer

Eurik O'Bryant

VERIFIED
Estate Planning, Wills & Probate, Intellectual Property, Bankruptcy & Debt, Landlord-Tenant

Eurik is a shareholder at Sekhon & O’Bryant specializing in the practice of contested trust and estate matters, probate administration, commercial l... (more)

Diane  Anderson Lawyer

Diane Anderson

VERIFIED
Bankruptcy & Debt, Divorce & Family Law, Estate, Family Law, Wills & Probate
An Attorney Who Has Real-Life Experiences

Much like her clients, attorney Diane Anderson understands how frightening it can seem when faced with a legal issue. Ms. Anderson lost her mother in ... (more)

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Michael A. Sawamura

Wills & Probate, Corporate, Wills, Personal Injury, Contract
Status:  In Good Standing           

Jennifer S. Rouse

Wills & Probate, Corporate, Wills, Trusts, Business Organization
Status:  In Good Standing           

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Steve J. Packey

Business Organization, Banking & Finance, Wills & Probate, Corporate, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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Sasha D. Collins

Wills & Probate, Corporate, Estate Planning, Tax
Status:  In Good Standing           

FREE CONSULTATION 

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Irving B. Joseph

Wills & Probate, Corporate, Wills, Contract, Trusts
Status:  In Good Standing           

FREE CONSULTATION 

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Joshua B. Clark

Banking & Finance, Corporate, Land Use & Zoning, Wills, Contract
Status:  In Good Standing           

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LEGAL TERMS

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.

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.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

TITLE COMPANY

A company that issues title insurance.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

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.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

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.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... 1118 OPINION. CORRIGAN, J.—. In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. ... We granted review. II. DISCUSSION. A. Probate Guardianship. ...

Schwartz v. Labow

... In August 2003, the probate court appointed Lionel B. Sanders, certified public accountant, conservator of Sylvia's and Louis's estates in the related conservatorships. ... DISCUSSION. 1. The probate court had jurisdiction in November 2005 to suspend appellant trustee's powers. ...

Estate of Bennett

... (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 settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). ...