San Jose Estate Lawyer, California

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Amiel Lee Wade Lawyer

Amiel Lee Wade

VERIFIED
Divorce & Family Law, Estate, Lawsuit & Dispute, Real Estate, Business

He specializes in civil litigation, conducting jury trials in complex cases and in helping individuals and businesses in every phase of their developm... (more)

Benjamin D. Fox Lawyer

Benjamin D. Fox

VERIFIED
Estate, Wills & Probate, Trusts, Estate Planning, Power of Attorney

Ben makes a habit of achieving excellent results for his clients. As an attorney in Huber Law Group’s trust and estate litigation team, Ben uses hi... (more)

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CONTACT

800-960-9301

John D. Teter Lawyer

John D. Teter

VERIFIED
Tax, Estate Planning, Contract, Real Estate Other, Wills & Probate

As a lawyer for over 30 years, on a daily basis, John Teter has assisted thousands of clients in achieving their business and personal goals. He draws... (more)

Frank Edward Mayo Lawyer

Frank Edward Mayo

VERIFIED
Employment, Personal Injury, Real Estate, Criminal, Estate

Frank E. Mayo is committed to protecting your legal rights. He is a graduate of USF Law School has tried in excess of 200 jury and court trials, has s... (more)

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Cynthia S. Cho Lawyer

Cynthia S. Cho

VERIFIED
Divorce & Family Law, Estate, Business Organization, Dispute Resolution, Mediation

Cynthia Cho is the founder of the CC Law Group and its principal attorney.Cynthia has built her reputation as a highly successful attorney by being no... (more)

Steven Robert Roeser Lawyer

Steven Robert Roeser

VERIFIED
Business, Lawsuit & Dispute, Estate, Real Estate, Divorce & Family Law

Steve is the principal of Roeser Law (as well as a partner and principal in Stimmel, Stimmel & Roeser) and works with businesses, executives, employee... (more)

Mercedes  Salem Lawyer

Mercedes Salem

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

Ms. Salem is a general practice attorney with experience in immigration, real estate, labor, incorporation, LLC's, estate planning, and family law. Pr... (more)

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CONTACT

800-951-5041

Doris Brigitte Hale Slater Lawyer

Doris Brigitte Hale Slater

VERIFIED
Trusts, Divorce, Litigation, Accident & Injury, Estate Planning

We are, and have always been, dedicated to achieving a cost effective and favorable result, all the while balancing out concerns for the client’s ob... (more)

Robert  Chang Lawyer

Robert Chang

VERIFIED
Divorce & Family Law, Estate, Bankruptcy & Debt

I started my practice with the premise I would always attempt to facilitate a collaborative divorce. Before going to law school, I worked for several... (more)

Paul John Barulich Lawyer

Paul John Barulich

VERIFIED
Estate, Real Estate, Trusts, Lawsuit & Dispute, Business

Paul J. Barulich is the founder, Shareholder, and Director at Barulich Dugoni & Suttmann Law Group, Inc. Mr. Barulich's law practice focuses on estate... (more)

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Lawyer.com can help you easily and quickly find San Jose Estate Lawyers and San Jose Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

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.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

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 ...