San Diego Estate Planning Lawyer, California

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Includes: Gift Taxation

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)

Carl L. Jones Lawyer

Carl L. Jones

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

Carl L. Jones is a San Diego-based attorney specializing in Probate, Trust Administration, Contested Trust Matters, Estate Planning, Guardianships, Co... (more)

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800-321-7510

Rhona S. Kauffman Lawyer

Rhona S. Kauffman

VERIFIED
Estate Planning, Real Estate, Business, Employment
I have been passionate about practicing law since 1994.I handle individuals and businesses

Rhona Kauffman has been practicing law since 1994. Concentrations include civil matters, residential & commercial real estate litigation, corporate an... (more)

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Robert J. Steinberger

Corporate, Estate Planning, Family Law, Litigation
Status:  In Good Standing           

FREE CONSULTATION 

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Stella Shih

Family Law, Wills & Probate, Divorce, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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John Anthony Varley

Bankruptcy, Credit & Debt, Estate Planning, Foreclosure
Status:  In Good Standing           

FREE CONSULTATION 

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Norman B. Blumenthal

Consumer Protection, Estate Planning, Family Law, Litigation
Status:  In Good Standing           

FREE CONSULTATION 

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Chris J Allred

Estate Planning, Wills & Probate, Elder Law, Contract
Status:  In Good Standing           

FREE CONSULTATION 

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Victoria A. Eriqat

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

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

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By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided may not be privileged or confidential.

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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).

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

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.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

SAMPLE LEGAL CASES

Murphy v. Murphy

... The probate court has discretion, circumscribed by the statutory scheme, to order a "substituted judgment" that authorizes a conservator on behalf of a conservatee to take necessary or desirable action to facilitate estate planning, when a reasonably prudent person in the ...

In re Estate of Young

... her lawyer at the time, Dennis Burns. Mr. Burns represented her for 15 years for estate planning purposes and a bankruptcy of one of Young's businesses, Green Thumb Nursery. In the 1991 estate plan, Charles was expressly ...

Chang v. Lederman

... 2. The Law Regarding Liability for Negligence in Estate Planning to Intended or Potential Beneficiaries. ... Nevertheless, the attorney prepared new estate planning documents that fundamentally changed the plan and made a substantial gift to Michael. ...