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

Attorney Wade specializes in civil litigation, conducting jury trials in complex cases and in helping individuals and businesses in every phase of the... (more)

Dixon Ray Howell Lawyer

Dixon Ray Howell

VERIFIED
Estate, Lawsuit & Dispute, Real Estate

Dixon Howell received his Bachelor of Arts degree, cum laude, Business Economics and Accounting, from Claremont McKenna College. He obtained his Juris... (more)

Richard Alan Wingerden Lawyer

Richard Alan Wingerden

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

Mr. Wingerden is very knowledgeable in the area of estate planning. As your lawyer, the main goal is to execute a legal document that clearly preserve... (more)

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CONTACT

800-940-6950

James Patrick Cilley Lawyer

James Patrick Cilley

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

James P. Cilley is certified as a Specialist in trust and estate litigation, fiduciary disputes, and elder abuse actions by the California State Bar B... (more)

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)

Amiel Lee Wade Lawyer

Amiel Lee Wade

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

Wade law Group has a proven track record of successfully representing clients in a manner that gets winning results, and has caused the firm to become... (more)

Cynthia S. Cho Lawyer

Cynthia S. Cho

VERIFIED
Estate Planning, Contract, Dispute Resolution, Elder Law, Family Law

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)

Reshma  Kamath Lawyer

Reshma Kamath

VERIFIED
Business, Lawsuit & Dispute, Estate

Reshma Kamath is litigation counsel for civil-business, property disputes, probate, technology, landlord-tenant, amongst other matters, in the State o... (more)

Yair  Chaver Lawyer

Yair Chaver

VERIFIED
Estate, Trusts, Wills

FREE CONSULTATION 

CONTACT

831-430-6816

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

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

CERTIFICATION OF TRUST

See abstract of trust.

FUNDING A TRUST

Transferring ownership of property to a trust.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

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.

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

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 ...