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Alejandra  Rodriguez Lawyer

Alejandra Rodriguez

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

Located in the Banker's Hill area, near downtown San Diego, California, Rodriguez Law Offices is centrally located to service clients throughout San D... (more)

Sandy Sofia Isaac Lawyer

Sandy Sofia Isaac

VERIFIED
Bankruptcy & Debt, Business, Divorce & Family Law, Estate

Sandy Isaac is a member of Preovolos Lewin & Hezlep ALC’s Trusts & Estates department and has particular experience in Estate Planning, Probate, Tru... (more)

FREE CONSULTATION 

CONTACT

800-321-7510

Marlene J Keen Lawyer

Marlene J Keen

VERIFIED
Divorce & Family Law, Divorce, Child Custody, Family Law, Estate

San Diego Family Law Divorce Attorney, Marlene J. Keen limits her practice to Family Law matters including Divorce, Dissolution of Marriage,... (more)

Joseph Crane Lavelle Lawyer

Joseph Crane Lavelle

VERIFIED
Accident & Injury, Estate Planning, Wills & Probate, Trusts

After practicing in the San Diego area for over 20 yeas, Joe founded Lavelle Law Group because he sensed a need for a small personal service law firm ... (more)

FREE CONSULTATION 

CONTACT

619-655-3656

Craig Eugene Dwyer Lawyer

Craig Eugene Dwyer

VERIFIED
Bankruptcy & Debt, Credit & Debt, Collection, Trusts, Wills & Probate

Craig E. Dwyer, Esq., has represented both debtors and creditors in Chapter 7, 11 and 13 Bankruptcy Cases in San Diego, Orange, Los Angeles and Rivers... (more)

FREE CONSULTATION 

CONTACT

800-486-2210

Gerald Patrick Burleson Lawyer

Gerald Patrick Burleson

VERIFIED
Estate, Trusts, Estate Administration

Gerald Burleson is a practicing lawyer in the state of California handling Estate matters.

Jeffrey D Schreiber Lawyer

Jeffrey D Schreiber

VERIFIED
Estate, Bankruptcy & Debt

Jeffrey D Schreiber is a practicing lawyer in the state of California.

Jackie Robert Geller Lawyer

Jackie Robert Geller

Bankruptcy & Debt, Estate, Tax, Divorce & Family Law, Family Law
Bankruptcy, Estate Planning, Tax and Family Law

Jackie Robert Geller is a graduate of Thomas Jefferson School of Law. A member of the California State Bar since 1980, Attorney Jackie Robert Geller h... (more)

FREE CONSULTATION 

CONTACT

800-750-5991

Denise Lissette Diaz Lawyer

Denise Lissette Diaz

VERIFIED
Divorce & Family Law, Employment, Estate, Real Estate Other

Denise Lissette Diaz is a practicing lawyer in the state of California handling family law matters.

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LEGAL TERMS

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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.

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.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

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.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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 ...