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Elizabeth Elena Prehn Lawyer

Elizabeth Elena Prehn

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Tax, White Collar Crime, Estate
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Liz is a practicing attorney and the managing director of Moskowitz LLP. She oversees client service, firm operations, and business development. With ... (more)

Randall B Schmidt Lawyer

Randall B Schmidt

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

Mr. Schmidt proudly represents his clients in all estate matters in the San Francisco and surrounding areas.

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David Mendelsohn

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Elder Law, Estate, Mediation, Litigation, Contract

David Mendelsohn proudly serves Alameda, California and the surrounding areas.

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Adamont N Georgeson

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Adamont Georgeson is a practicing lawyer in the state of San Rafael, CA.

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Neil Jon Bloomfield Lawyer

Neil Jon Bloomfield

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Bankruptcy, Personal Injury, Family Law, Trusts, Litigation
It's not just the about the law - it's about your life.

Neil is the senior managing attorney at BLG, a Harvard Law School graduate (JD, cum laude) with extensive litigation and transaction experience in a w... (more)

Sally  Bergman Lawyer

Sally Bergman

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Estate, Estate Planning, Elder Law

Ms. Bergman is an accomplished lawyer that has over thirty years of legal experience. She has worked as an attorney for the Law Office of Stanley J. B... (more)

Kenneth R. Bergquist Lawyer

Kenneth R. Bergquist

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Divorce & Family Law, Personal Injury, Estate, Wills & Probate

Kenneth R. Bergquist is a practicing lawyer in the state of California.

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Dennis  Kroeker Lawyer

Dennis Kroeker

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Estate, Real Estate, Business, Lawsuit & Dispute

Dennis started his legal practice in Santa Barbara County where he observed that his clients from Montecito used inter vivos (which he called living) ... (more)

Bryan David Lamb

Estate Planning, Family Law, Litigation, Medical Malpractice, Personal Injury
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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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.

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.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

SUCCESSOR TRUSTEE

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

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.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

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 ...