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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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Karen Rochester Spinardi

Health Care Other, Trusts, Elder Law, Business

Status: In Good Standing

CONTACT

3351 M St, Merced, CA 95340

Kevin Francis Kelley

Tax, Real Estate, International, Gift Taxation

Status: In Good Standing Licensed: 41 Years

CONTACT

2844 Park Ave, Merced, CA 95348

L Carmen Ramirez

Land Use & Zoning, Agriculture, Trusts, Contract

Status: In Good Standing Licensed: 15 Years

CONTACT

712 W 23Rd St, Merced, CA 95340

Stuart B Spencer

Public Law, Trusts, Estate, Business

Status: In Good Standing

CONTACT

548 W 21St St, Merced, CA 95340

Mason Lee Brawley

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

2039 Canal St, Merced, CA 95340

Thomas Marshall Curry

Estate Planning, Personal Injury, Mass Torts, Trusts, Wills

Status: In Good Standing

CONTACT

728 W 19Th St, Merced, CA 95340

Nini Lee

Litigation, Trusts, Estate, Civil & Human Rights

Status: In Good Standing Licensed: 26 Years

CONTACT

835 W 20Th St, Merced, CA 95340

Charles Rayburn Wilson

Trusts, Estate

Status: In Good Standing

CONTACT

548 W 21st St, Merced, CA 95340

Cyril Leonard Lawrence

Tax, International, Gift Taxation

Status: In Good Standing Licensed: 53 Years

CONTACT

2111 K St, Merced, CA 95340

Richard Timothy Marchini

Trusts, Gift Taxation, Estate

Status: In Good Standing Licensed: 16 Years

CONTACT

Merced, CA 95344

800-923-0641

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LEGAL TERMS

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

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.

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.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

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 ...

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Winton Estate Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

Karen Rochester Spinardi

Kevin Francis Kelley

L Carmen Ramirez

Stuart B Spencer

Mason Lee Brawley

Thomas Marshall Curry

Nini Lee

Charles Rayburn Wilson

Cyril Leonard Lawrence

Richard Timothy Marchini

TIPS

LEGAL TERMS

FAMILY ALLOWANCE

ESTATE TAXES

PROPERTY CONTROL TRUST

INCOMPETENCE

GENERATION-SKIPPING TRUST

ANCILLARY PROBATE

SPECIFIC BEQUEST

HOLOGRAPHIC WILL

SPECIAL ADMINISTRATOR

SAMPLE LEGAL CASES

In re Estate of Young

Estate of Kievernagel

Estate of Bennett

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