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K. Sean  Singh Lawyer

K. Sean Singh

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Divorce & Family Law, Accident & Injury, Estate, Employment, Criminal
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Attorney K. Sean Singh is an established and experienced lawyer at the head of the Law Offices of K. Sean Singh and Associates, a Santa Ana-based law ... (more)

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John Charles Fitzgerald Lawyer

John Charles Fitzgerald

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Bankruptcy & Debt, Tax, Business Organization, Estate, State Government

At Law Offices of John Charles Fitzgerald, we efficiently and effectively guide clients to improve their finances. All through California we can help ... (more)

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Jeffery Joseph Czech Lawyer

Jeffery Joseph Czech

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Landlord-Tenant, Trusts, Estate, Elder Law

Jeff’s practice includes business litigation, business formation, probate litigation and estate planning and other transactional work. He has extens... (more)

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714-522-5553

Michael Thomas Walsh Lawyer

Michael Thomas Walsh

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Michael T. Walsh has practiced law in the area of estate planning for over two decades. Mr. Walsh has been designated as a Certified Specialist in Est... (more)

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Scott  Feig Lawyer

Scott Feig

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Estate, Power of Attorney, Divorce & Family Law, Contract, Family Law
We understand the steps it takes for a person to reach out for legal guidance.

Scott Feig is a member of the California State Bar, California State Bar Estates Section, Orange County Bar Association Estates Section, and the Calif... (more)

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800-906-3031

Krystina  Tran Lawyer

Krystina Tran

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Bankruptcy & Debt, Accident & Injury, Estate Planning, Foreclosure, Landlord-Tenant

Attorney Tran is a practicing lawyer in the state of California.

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800-391-3210

Yangkyoung  Lee Lawyer

Yangkyoung Lee

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Immigration, Accident & Injury, Estate, Employment, Litigation

One important quality of a good lawyer is persistence. Persistence will get the clients the best result that they deserve. One example of Ms. Lee's pe... (more)

John Joseph Stanton Lawyer

John Joseph Stanton

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Estate, Divorce & Family Law, Trusts, Estate Planning, Wills & Probate

Hiring a lawyer can be intimidating. Stepping into a lawyer's office can be even more stressful. At our firm, however, we strive to take the stress ou... (more)

September  Katje Lawyer

September Katje

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Estate, Business Organization

Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California. She was a Dean's Honor List recipient and graduated C... (more)

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LEGAL TERMS

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.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

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.

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 ...