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)

Patrick D O'Neil Lawyer

Patrick D O'Neil

VERIFIED
Divorce & Family Law, Estate, Wills & Probate, Child Custody, Child Support
Protecting Your Rights: A Strong Advocate In and Out ofCourt

My life’s work led me to here – to act as an advocate in the fight for truth, equality and justice. I am a former newspaper reporter and photograp... (more)

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CONTACT

800-758-9910

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)

Bruce C. Janke Lawyer

Bruce C. Janke

Litigation, Foreclosure, Contract, Trusts, Business Organization

Mr. Janke has served as a judge pro tem in the Santa Clara County Superior Court for more than 20 years. He has presided over settlement conferences,... (more)

FREE CONSULTATION 

CONTACT

408-356-6556

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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)

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)

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)

Sally  Bergman Lawyer

Sally Bergman

VERIFIED
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)

David  Mendelsohn Lawyer

David Mendelsohn

VERIFIED
Elder Law, Estate, Mediation, Litigation, Contract

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

Kenneth R. Bergquist Lawyer

Kenneth R. Bergquist

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

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

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CONTACT

800-749-9521

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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

TITLE COMPANY

A company that issues title insurance.

BENEFICIARY

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

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.

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.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

MARITAL LIFE ESTATE TRUST

See AB trust.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

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 ...