Mesa Wills & Probate Lawyer, Arizona, page 3

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Joseph Martineau
About | Practice Areas
Martineau Law, PLLC
4445 E Holmes Ave Suite 106 Mesa, AZ 85206» view map
Accident & Injury, Estate, Nursing Home, Immigration
Proudly Serving Maricopa County

Joseph Martineau has a track record of successful cases.

800-935-4021
1. Joseph Martineau Mesa, AZ
  Attorney at Law - AZ, 1976
  Brigham Young University J.D. 1976
2. AboutMartineau Law, PLLC
  Over 40 years of experience.
3. Practice AreasExpertise
  Accident & Injury, Estate, Nursing Home, Immigration
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Includes: Estate Administration, Living Wills, Wills

Chris Hildebrand

Divorce & Family Law, Divorce, Estate Planning, Wills & Probate

Status: Licensed: 30 Years

CONTACT

4900 N Scottsdale Rd., Scottsdale, AZ 85251

Thomas J. Bashara

Wills, Trusts, Contract, Bankruptcy

Status: Licensed: 14 Years

CONTACT

5950 S. Sossaman Rd, Mesa, AZ 85212

Louis A Silverman

Traffic, Wills, Wills & Probate, Estate Planning

Status: Licensed: 46 Years

CONTACT

4450 S Rural Rd, Tempe, AZ 85282

Marjorie Turk Desmond

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

Status: Licensed: 34 Years

FREE CONSULTATION

CONTACT

10575 North 114th St, Scottsdale, AZ 85259

Fay Waldo

Litigation, Wills & Probate, Bankruptcy, Bankruptcy & Debt, Commercial Real Estate

Status:

CONTACT

4110 N Scottsdale Rd, Scottsdale, AZ 85251

Michelle King Lue Sang

Elder Law, Estate Planning, Living Wills, Guardianships & Conservatorships

Status: Licensed: 39 Years

CONTACT

250 E 1st Ave, Mesa, AZ 85210

David L Christensen

Real Estate, Wills & Probate, Trusts, Elder Law

Status: Licensed: 44 Years

CONTACT

484 W Chandler Blvd, Chandler, AZ 85225

Christopher Hildebrand

Wills & Probate, Estate Planning, Divorce, Elder Law

Status:

CONTACT

4900 N. Scottsdale Rd., Scottsdale, AZ 85251

Ian Douglas

Commercial Real Estate, Wills & Probate, Bankruptcy

Status:

CONTACT

2015 W. Apache Trail, Apache Junction, AZ 85220

Lou Silverman

Real Estate, Trusts, Wills & Probate

Status:

CONTACT

3231 S Country Club Way, Tempe, AZ 85282

800-814-6700

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LEGAL TERMS

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

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.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

In re Estate of Wyttenbach

... OPINION. OROZCO, Judge. Â¶1 Appellant Barry Wyttenbach (Barry), personal representative of Emmett Wyttenbach's (Emmett) estate, appeals the probate court's grant of summary judgment to Nona Wyttenbach (Nona) and the dismissal of the complaint with prejudice. ...

Schoeneweis v. Hamner

... Ms. Schoeneweis's death certificate. C. Because It Failed to Conduct an In Camera Inspection, the Probate Court Did Not Properly Weigh Privacy Concerns Against the Policy In Favor Of Disclosure. Â¶ 21 The Public Records ...

Duncan v. Progressive Preferred Ins. Co.

... We conclude that the motion to dismiss in this tort action was an impermissible collateral attack on the order appointing a special administrator in a separate probate proceeding, Maricopa County Superior Court Cause Number PB XXXX-XXXXXX. ...

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Mesa Wills & Probate Lawyer, Arizona, page 3

Sponsored Law Firm

Martineau Law, PLLC

SPONSORED LAWYERS

Chris Hildebrand

Thomas J. Bashara

Louis A Silverman

Marjorie Turk Desmond

Fay Waldo

Michelle King Lue Sang

David L Christensen

Christopher Hildebrand

Ian Douglas

Lou Silverman

TIPS

LEGAL TERMS

SPENDTHRIFT TRUST

CONTINGENT BENEFICIARY

INVESTOR

CERTIFIED COPY

PER STIRPES

TRUST MERGER

NONPROBATE

ESTATE TAXES

STATUTORY SHARE

SAMPLE LEGAL CASES

In re Estate of Wyttenbach

Schoeneweis v. Hamner

Duncan v. Progressive Preferred Ins. Co.

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