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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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Includes: Gift Taxation

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)

FREE CONSULTATION

CONTACT

831-603-0603

31 Upper Ragsdale Dr., Monterey, CA 93940

Ronald A. Parravano

Estate Planning, Corporate, Contract, Business Organization

Status: In Good Standing

CONTACT

198 Bonifacio Place, Monterey, CA 93940

John D. Laughton

Estate Planning, Trusts, Wills & Probate, Estate Planning

Status: In Good Standing

FREE CONSULTATION

CONTACT

215 W. Franklin St., Monterey, CA 93940

Michelle Elaine Noble Mccain

Wills & Probate, Estate Planning, Elder Law, Business

Status: In Good Standing

CONTACT

106 Central Ave, Salinas, CA 93901

Koren Renee Mcwilliams

Real Estate, Trusts, Gift Taxation, Business

Status: In Good Standing Licensed: 25 Years

CONTACT

16 W Gabilan St, Salinas, CA 93901

Barbara Holian Mejia

Wills, Trusts, Estate Planning, Elder Law

Status: In Good Standing Licensed: 31 Years

CONTACT

21 West Alisal Street, Salinas, CA 93901

Terry A. Garibay

Estate Planning, Civil Rights, Business, Personal Injury

Status: In Good Standing

CONTACT

21 W Alisal St, Salinas, CA 93901

Jennifer Lynn Walker

Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

24591 Silver Cloud Ct, Monterey, CA 93940

Donald Forrest Leach

Estate Planning, Elder Law, Trusts, Estate, Wills

Status: In Good Standing

CONTACT

24591 Silver Cloud Ct, Monterey, CA 93940

Eric N. Holk

Estate, Trusts, Wills & Probate, Estate Planning

Status: In Good Standing Licensed: 36 Years

CONTACT

60 Garden Court, Monterey, CA 93940

800-923-0641

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LEGAL TERMS

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).

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

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.'

DEED OF TRUST

See trust deed.

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.'

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

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.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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.

SAMPLE LEGAL CASES

Murphy v. Murphy

... The probate court has discretion, circumscribed by the statutory scheme, to order a "substituted judgment" that authorizes a conservator on behalf of a conservatee to take necessary or desirable action to facilitate estate planning, when a reasonably prudent person in the ...

In re Estate of Young

... her lawyer at the time, Dennis Burns. Mr. Burns represented her for 15 years for estate planning purposes and a bankruptcy of one of Young's businesses, Green Thumb Nursery. In the 1991 estate plan, Charles was expressly ...

Chang v. Lederman

... 2. The Law Regarding Liability for Negligence in Estate Planning to Intended or Potential Beneficiaries. ... Nevertheless, the attorney prepared new estate planning documents that fundamentally changed the plan and made a substantial gift to Michael. ...

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Marina Estate Planning Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Dutch Meyer

Ronald A. Parravano

John D. Laughton

Michelle Elaine Noble Mccain

Koren Renee Mcwilliams

Barbara Holian Mejia

Terry A. Garibay

Jennifer Lynn Walker

Donald Forrest Leach

Eric N. Holk

TIPS

LEGAL TERMS

PER CAPITA

PROPERTY CONTROL TRUST

LIVING TRUST

DEED OF TRUST

BEQUEATH

ACCUMULATION TRUST

DOWER AND CURTESY

ABATEMENT

POUR-OVER WILL

SAMPLE LEGAL CASES

Murphy v. Murphy

In re Estate of Young

Chang v. Lederman

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