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Alejandra  Rodriguez Lawyer

Alejandra Rodriguez

VERIFIED
Estate Planning, Trusts, Wills & Probate, Wills, Estate

Located in the Banker's Hill area, near downtown San Diego, California, Rodriguez Law Offices is centrally located to service clients throughout San D... (more)

Sandy Sofia Isaac Lawyer

Sandy Sofia Isaac

VERIFIED
Bankruptcy & Debt, Business, Divorce & Family Law, Estate

Sandy Isaac is a member of Preovolos Lewin & Hezlep ALC’s Trusts & Estates department and has particular experience in Estate Planning, Probate, Tru... (more)

FREE CONSULTATION 

CONTACT

800-321-7510

Marlene J Keen Lawyer

Marlene J Keen

VERIFIED
Divorce & Family Law, Divorce, Child Custody, Family Law, Estate

San Diego Family Law Divorce Attorney, Marlene J. Keen limits her practice to Family Law matters including Divorce, Dissolution of Marriage,... (more)

Joseph Crane Lavelle Lawyer

Joseph Crane Lavelle

VERIFIED
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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CONTACT

619-655-3656

Craig Eugene Dwyer Lawyer

Craig Eugene Dwyer

VERIFIED
Bankruptcy & Debt, Credit & Debt, Collection, Trusts, Wills & Probate

Craig E. Dwyer, Esq., has represented both debtors and creditors in Chapter 7, 11 and 13 Bankruptcy Cases in San Diego, Orange, Los Angeles and Rivers... (more)

FREE CONSULTATION 

CONTACT

800-486-2210

Gerald Patrick Burleson Lawyer

Gerald Patrick Burleson

VERIFIED
Estate, Trusts, Estate Administration

Gerald Burleson is a practicing lawyer in the state of California handling Estate matters.

Jeffrey D Schreiber Lawyer

Jeffrey D Schreiber

VERIFIED
Estate, Bankruptcy & Debt

Jeffrey D Schreiber is a practicing lawyer in the state of California.

Jackie Robert Geller Lawyer

Jackie Robert Geller

Bankruptcy & Debt, Estate, Tax, Divorce & Family Law, Family Law
Bankruptcy, Estate Planning, Tax and Family Law

Jackie Robert Geller is a graduate of Thomas Jefferson School of Law. A member of the California State Bar since 1980, Attorney Jackie Robert Geller h... (more)

FREE CONSULTATION 

CONTACT

800-750-5991

Lena  Ghianni Lawyer

Lena Ghianni

VERIFIED
Divorce & Family Law, Estate

"The law has always fascinated me. I told my parents when I was about 7 years old that I wanted to be an attorney and strived for that goal throughout... (more)

FREE CONSULTATION 

CONTACT

800-875-9680

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LEGAL TERMS

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

FAILURE OF ISSUE

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

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

CREDIT SHELTER TRUST

See AB trust.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

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 ...