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Amiel Wade
About | Practice Areas
Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113» view map
Wills & Probate Law
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Our goal is to have our core areas of practice rank among the top in the legal community.

888-909-9430
1. Amiel Wade San Jose, CA
  Attorney at Law- CA, 1996
  Rutgers School of Law—Camden, Rutgers University, J.D. 1996
2. AboutWade Law Group
  Working With Excellent Attorneys
3. Practice AreasExpertise
  Wills & Probate Law
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James Joseph Fishel

Wills, Wills & Probate, Family Law, Civil Rights

Status: In Good Standing

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1375 Locust Street, Walnut Creek, CA 94596

Thomas Seaton

Real Estate, Litigation, Estate Planning, Family Law

Status: In Good Standing

FREE CONSULTATION

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2121 North California Boulevard, Walnut Creek, CA 94596

Elliott Abrams

Trusts, Estate

Status: In Good Standing

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2815 Mitchell Dr, Walnut Creek, CA 94598

Frank R. Acuña

Estate, Private Judging, Mediation, Collection

Status: In Good Standing

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1981 North Broadway, Walnut Creek, CA 94596

Keith Schiller

Corporate, Business Organization, Contract, Estate Planning

Status: In Good Standing

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4 Orinda Way, Orinda, CA 94563

Stephanni Marie Hemmi

Business Organization, Corporate Tax, Elder Law, Gift Taxation

Status: In Good Standing

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4 Orinda Way, Orinda, CA 94563

Christina Weed

Tax, Divorce & Family Law, Business, Estate, Malpractice

Status: In Good Standing

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1990 N California Blvd, Walnut Creek, CA 94596

Matthew Plant Guichard

Accident & Injury, Criminal, Lawsuit & Dispute, Estate

Status: In Good Standing Licensed: 42 Years

FREE CONSULTATION

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101 Ygnacio Valley Road, Walnut Creek, CA 94596

Matthew B. Talbot

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing Licensed: 18 Years

FREE CONSULTATION

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2033 N. Main St., Walnut Creek, CA 94596

Joseph Morrill

Litigation, Wills & Probate, Trusts, Estate, Elder Law

Status: In Good Standing

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2175 N. California Blvd., Walnut Creek, CA 94596

800-923-0641

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LEGAL TERMS

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.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

INTER VIVOS TRUST

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

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

MARITAL LIFE ESTATE TRUST

See AB trust.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

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 ...

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Walnut Creek Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

James Joseph Fishel

Thomas Seaton

Elliott Abrams

Frank R. Acuña

Keith Schiller

Stephanni Marie Hemmi

Christina Weed

Matthew Plant Guichard

Matthew B. Talbot

Joseph Morrill

TIPS

LEGAL TERMS

FINAL BENEFICIARY

PER STIRPES

INTER VIVOS TRUST

PRETERMITTED HEIR

SUMMARY PROBATE

MARITAL LIFE ESTATE TRUST

LIVING TRUST

INVENTORY

ENDOWMENT INSURANCE

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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