National City Trusts Lawyer, California

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Joseph Crane Lavelle Lawyer

Joseph Crane Lavelle

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Accident & Injury, Estate Planning, Wills & Probate, Trusts

After practicing in the San Diego area for over 20 yeas, Joe founded Lavelle Law Group because he sensed a need for a small personal service law firm ... (more)

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Benjamin Soulek Green

Commercial Real Estate, Wills, Trusts, Business
Status:  In Good Standing           Licensed:  17 Years

Araceli Pantoja Tovar

International, Wills, Trusts, Estate Planning
Status:  In Good Standing           Licensed:  29 Years

Mark T. Bradshaw

Estate, Trusts, Wills & Probate, Estate Planning
Status:  In Good Standing           Licensed:  31 Years

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Hector Javier Cisneros

Trusts, Estate
Status:  In Good Standing           Licensed:  33 Years

Omri Amram Ben

Personal Injury, Trusts
Status:  In Good Standing           Licensed:  11 Years

James Stuart Duberg

Trusts, Estate, Business, Wills
Status:  In Good Standing           Licensed:  48 Years

Jesse Sainz Blanco

Public Finance, Trusts, Gift Taxation, Banking & Finance, Business
Status:  In Good Standing           Licensed:  17 Years

James Francis Sexton

Motor Vehicle, Trusts, Workers' Compensation, DUI-DWI, Bankruptcy
Status:  In Good Standing           

John Phillip Altomare

Litigation, Lawsuit & Dispute, Trusts, Estate
Status:  In Good Standing           Licensed:  32 Years

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LEGAL TERMS

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

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.

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.

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.

CERTIFICATION OF TRUST

See abstract of trust.

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.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

DEED OF TRUST

See trust deed.

SAMPLE LEGAL CASES

Schwartz v. Labow

... The probate court's general jurisdiction encompasses "the internal affairs of trusts" and "[o]ther actions and proceedings involving trustees...." 17000, subds. ... 427 (2) The probate court has general power and duty to supervise the administration of trusts. ...

In re Estate of Young

... (a)(2)(D).) The trial court ruled that the Estate was the prevailing party, because it had showed sufficient evidence of undue influence and fraud in the establishment of the trusts. ... A. Creation of Land Trusts and Operational Trusts; Background. ...

Bilafer v. Bilafer

... SIMONS, Acting PJ. On December 30, 1999, Mitchell J. Bilafer (Mitchell) [1] executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. ...