Sunnyvale Estate Planning Lawyer, California

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Includes: Gift Taxation

James Patrick Cilley Lawyer

James Patrick Cilley

VERIFIED
Estate, Wills & Probate, Trusts, Estate Planning, Power of Attorney

James P. Cilley is certified as a Specialist in trust and estate litigation, fiduciary disputes, and elder abuse actions by the California State Bar B... (more)

Richard Alan Wingerden Lawyer

Richard Alan Wingerden

VERIFIED
Estate, Trusts, Wills & Probate, Estate Planning, Power of Attorney

Mr. Wingerden is very knowledgeable in the area of estate planning. As your lawyer, the main goal is to execute a legal document that clearly preserve... (more)

FREE CONSULTATION 

CONTACT

800-940-6950

John D. Teter Lawyer

John D. Teter

VERIFIED
Tax, Estate Planning, Contract, Real Estate Other, Wills & Probate

As a lawyer for over 30 years, on a daily basis, John Teter has assisted thousands of clients in achieving their business and personal goals. He draws... (more)

Cynthia S. Cho Lawyer

Cynthia S. Cho

VERIFIED
Estate Planning, Contract, Dispute Resolution, Elder Law, Family Law

Cynthia Cho is the founder of the CC Law Group and its principal attorney.Cynthia has built her reputation as a highly successful attorney by being no... (more)

Brian E. Hawes

Corporate, Contract, Employment, Estate Planning
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Michael G Briski

Estate Planning, Family Law, Personal Injury, Real Estate
Status:  In Good Standing           

Daniel E. Hanley

Elder Law, Estate Planning, Landlord-Tenant, Litigation
Status:  In Good Standing           

Michael J. Connich

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

Bernard M King

Real Estate, Estate Planning, Divorce & Family Law, Business Organization
Status:  In Good Standing           

Fred W. Thompson

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

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Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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Easily find Sunnyvale Estate Planning Lawyers and Sunnyvale Estate Planning Law Firms. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.

LEGAL TERMS

WARRANTY DEED

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

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.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

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.

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).

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.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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.

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. ...