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Dixon Howell
About | Practice Areas
Business Law Group
1800 Hamilton Ave Suite 240 San Jose, CA 95125» view map
Estate Law
Legal & Business Solutions

At Business Law Group, we focus on serving the business-related legal needs of businesses and individuals. We deal extensively with start-up and emerging growth companies.

800-714-9261
1. Dixon Howell San Jose, CA
  Attorney at Law - CA, 1967
  University of California J.D. 1967
2. AboutBusiness Law Group
  Legal & Business Solutions
3. Practice AreasExpertise
  Estate Law
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Dutch Meyer

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Accident & Injury, Estate Planning, Real Estate, Business, Landlord-Tenant

Proven, Client-focused, Trial-ready.

Monterey Peninsula Law Inc. is devoted to our clients. We are knowledgeable, expedient, and meticulous about details. We are honest and provide our cl... (more)

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CONTACT

831-603-0603

31 Upper Ragsdale Dr., Monterey, CA 93940

Nancy W Green

Estate Planning, Family Law, Litigation, Wills & Probate

Status: In Good Standing

FREE CONSULTATION

CONTACT

26415 Carmel Rancho Boulevard, Carmel, CA 93923

Barbara J. May

Real Estate, Wills & Probate, Family Law, Divorce

Status: In Good Standing

CONTACT

409 Washington Street, Monterey, CA 93940

Ronald A. Parravano

Estate Planning, Corporate, Contract, Business Organization

Status: In Good Standing

CONTACT

198 Bonifacio Place, Monterey, CA 93940

Jeannette K. Witten

Wills & Probate, Securities, Corporate, Business Organization

Status: In Good Standing

CONTACT

198 Bonifacio Place, Monterey, CA 93940

Jane Ellen Bednar

Litigation, Trusts, Elder Law, Legal Malpractice

Status: In Good Standing

CONTACT

142 Laurel Dr, Carmel Valley, CA 93924

Barry Richard Harrow

Real Estate, Trusts, Estate, Business

Status: In Good Standing Licensed: 44 Years

CONTACT

Carmel Valley, CA 93924

Peter David Anderson

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills

Status: In Good Standing Licensed: 56 Years

CONTACT

523 Broadway St, King City, CA 93930

Frances Rouse Gaver

Trusts

Status: Inactive

CONTACT

26780 Paseo Robles, Carmel By The Sea, CA 93923

Elaine Suzanne Ewen

Trusts, Estate

Status: Inactive Licensed: 43 Years

CONTACT

24950 Valley Way, Carmel By The Sea, CA 93923

800-923-0641

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LEGAL TERMS

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

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.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

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.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

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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Big Sur Estate Lawyer, California

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Business Law Group

SPONSORED LAWYERS

Dutch Meyer

Nancy W Green

Barbara J. May

Ronald A. Parravano

Jeannette K. Witten

Jane Ellen Bednar

Barry Richard Harrow

Peter David Anderson

Frances Rouse Gaver

Elaine Suzanne Ewen

TIPS

LEGAL TERMS

ALTERNATE BENEFICIARY

FINAL BENEFICIARY

IN TERROREM

QDOT TRUST

HEIR APPARENT

ADEMPTION

PER CAPITA

DISCHARGE (OF PROBATE ADMINISTRATOR)

QTIP TRUST

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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