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Jerry D. Mackey

Estate Planning, Corporate, Non-profit, Business Organization
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Marty Burbank

Estate, Medicare & Medicaid, Business Organization, Corporate
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Benjamin H. Berkley

Social Security -- Disability, Estate, Bankruptcy, Accident & Injury
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Michael Raymond Gardner

Tax, Wills & Probate, Trusts, Bankruptcy
Status:  In Good Standing           Licensed:  41 Years

Paul Miller

Estate Planning, International Tax, Commercial Real Estate, Business, Trusts
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Margaret A M Heine

Real Estate, Estate, Corporate, Wills & Probate
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Linda Kay Ross

Mass Torts, Trusts, Estate, Personal Injury
Status:  In Good Standing           Licensed:  36 Years

Brian Neil Burg

Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  40 Years

William Martin Burbank

Aviation, Trusts, Business, Credit & Debt
Status:  In Good Standing           Licensed:  21 Years

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LEGAL TERMS

CREDIT SHELTER TRUST

See AB trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

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.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

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).

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 ...