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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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Valerie Pistole

Wills, Trusts, Contract, Business

Status: In Good Standing

CONTACT

465 Moon Mountain Rd, Sonoma, CA 95476

Anthony Lee Cermak

Landlord-Tenant, Real Estate, Trusts, Estate

Status: In Good Standing Licensed: 44 Years

CONTACT

760 W Napa St, Sonoma, CA 95476

Nancy E Cooke

Trusts, Estate

Status: In Good Standing Licensed: 19 Years

CONTACT

710 W Napa St, Sonoma, CA 95476

John F Lemmon

Estate Planning, DUI-DWI, Criminal, Insurance

Status: In Good Standing

CONTACT

Glen Ellen, CA 95442

Robert Malcolm Sowell

Trusts, Estate

Status: In Good Standing Licensed: 42 Years

CONTACT

Glen Ellen, CA 95442

Charles Edward Harris

Trusts, Estate, Business

Status: In Good Standing Licensed: 47 Years

CONTACT

809 Broadway, Sonoma, CA 95476

Rosamonde Mcnichol

Trusts, Estate, Elder Law

Status: In Good Standing Licensed: 32 Years

CONTACT

846 Broadway, Sonoma, CA 95476

Leonard M. Tillem

Lawsuit & Dispute, Trusts, Estate

Status: Inactive Licensed: 53 Years

CONTACT

846 Broadway, Sonoma, CA 95476

800-923-0641

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LEGAL TERMS

DEED OF TRUST

See trust deed.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

NET ESTATE

The value of all property owned at death less liabilities or debts.

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.

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.

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.

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.

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.

HEIR APPARENT

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

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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Eldridge Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Valerie Pistole

Anthony Lee Cermak

Nancy E Cooke

John F Lemmon

Robert Malcolm Sowell

Charles Edward Harris

Rosamonde Mcnichol

Leonard M. Tillem

TIPS

LEGAL TERMS

DEED OF TRUST

DOWER AND CURTESY

NET ESTATE

SELF-PROVING WILL

SUMMARY PROBATE

DISCHARGE (OF PROBATE ADMINISTRATOR)

EXEMPTION TRUST

RESIDUARY BENEFICIARY

HEIR APPARENT

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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