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San Francisco Wills & Probate Lawyer, California
Includes: Estate Administration, Living Wills, Wills


Randall B Schmidt Lawyer

Randall B Schmidt

VERIFIED
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.

Alden  Knisbacher Lawyer

Alden Knisbacher

VERIFIED
Employee Rights, Litigation, Accident & Injury, Wills & Probate, Sexual Harassment

Alden Knisbacher has been practicing law in the Bay Area since 1994. Most of his practice is devoted to representing employees in all aspects of workp... (more)

Nathan  Pastor Lawyer

Nathan Pastor

VERIFIED
Litigation, Wills & Probate, Trusts

FREE CONSULTATION 

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Thomas Huster

Dispute Resolution, Corporate, Domestic Violence & Neglect, Elder Law, Estate Administration
Status:  In Good Standing           

Michael E. Freedman

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

FREE CONSULTATION 

CONTACT

Martha L. Daetwyler

Estate Administration, Estate Planning, Litigation, Wills & Probate
Status:  In Good Standing           

Paul Howard Melbostad

Business Organization, Estate Planning, Landlord-Tenant, Personal Injury, Wills & Probate
Status:  In Good Standing           

FREE CONSULTATION 

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Dave Crow

Wills & Probate, Employment, Landlord-Tenant, Estate Planning, Real Estate
Status:  In Good Standing           

FREE CONSULTATION 

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Francisco Gutierrez

Banking & Finance, Wills & Probate, Health Care, Land Use & Zoning, Premises Liability
Status:  In Good Standing           

Michael C. Hall

Business Organization, Wills & Probate, Government Agencies, Corporate, Elder Law
Status:  In Good Standing           

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LEGAL TERMS

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.

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.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

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.'

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.

IRREVOCABLE TRUST

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

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

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.

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). ...