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)

Alison M. McElravey Lawyer

Alison M. McElravey

VERIFIED
Divorce & Family Law, Estate, Estate Planning, Child Custody, Child Support

Alison McElravey is a practicing lawyer in the state of California.

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)

John Arthur Hudson Lawyer

John Arthur Hudson

VERIFIED
Divorce & Family Law, Accident & Injury, Lawsuit & Dispute, Criminal, Estate

John Hudson is a practicing lawyer in the state of California.

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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

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.

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.

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.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

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 ...