Monterey County, CA Estate Lawyers

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Dutch Meyer

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Accident & Injury, Estate Planning, Real Estate, Business, Landlord-Tenant
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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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831-603-0603

Barbara J. May

Real Estate, Wills & Probate, Family Law, Divorce
Status:  In Good Standing           

Ronald A. Parravano

Estate Planning, Corporate, Contract, Business Organization
Status:  In Good Standing           

Jeannette K. Witten

Wills & Probate, Securities, Corporate, Business Organization
Status:  In Good Standing           

Nancy W Green

Estate Planning, Family Law, Litigation, Wills & Probate
Status:  In Good Standing           

FREE CONSULTATION 

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John D. Laughton

Estate Planning, Trusts, Wills & Probate, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

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Nicholas C Fantl

Trusts, Estate Planning, Felony, Property Damage
Status:  In Good Standing           

Kyle Andrew Krasa

Estate Planning, Elder Law, Trusts, Estate, Wills
Status:  In Good Standing           Licensed:  20 Years

Sean Flavin

Trusts, Tax, Estate Planning, Real Estate
Status:  In Good Standing           

Helen B Hempel

Trusts, Family Law, Elder Law, Civil & Human Rights
Status:  In Good Standing           Licensed:  33 Years

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LEGAL TERMS

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

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.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

MARITAL LIFE ESTATE TRUST

See AB trust.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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.

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.

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 ...