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San Diego Wills & Probate Lawyer, California


Includes: Estate Administration, Living Wills, Wills

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)

Daniel K. Printz Lawyer

Daniel K. Printz

VERIFIED
Wills & Probate, Estate Administration, Estate Planning, Trusts, Wills
Top-rated Probate and Trust attorney

DANIEL K. PRINTZ, ESQ. has been a practicing attorney since 2000, and has taught "Estates, Wills and Trusts" at the University of San Diego since 2007... (more)

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800-823-5031

Michael Allen Fischer Lawyer

Michael Allen Fischer

VERIFIED
Divorce & Family Law, Wills & Probate

Michael Fischer is a licensed California attorney licensed to practice in both state and federal court. Mr. Fischer has handled hundreds of contested ... (more)

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800-899-5891

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Steven M. Ratner

Wills & Probate, Health Care, Wills, Trusts, Elder Law
Status:  In Good Standing           

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Brian J. McGoldrick

Bankruptcy, Immigration, Wills & Probate
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Mark A Reed

Family Law, Collaborative Law, Premises Liability, Wills, Contract
Status:  In Good Standing           

Stella Shih

Family Law, Wills & Probate, Divorce, Estate Planning, Consumer Protection
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Ron H. Oberndorfer

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

John Anthony Varley

Bankruptcy, Credit & Debt, Estate Planning, Foreclosure, Wills & Probate
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LEGAL TERMS

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

KINDRED

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

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). ...