Monterey County, CA Wills & Probate Lawyers, page 2

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David E. Castro
About | Practice Areas
Law Office of David E. Castro
4970 Rocklin Rd Suite 300 Rocklin, CA 95677» view map
Accident & Injury Law
Your Local, Legal Professionals

The Law Office of David E Castro is a multi-specialty law practice that provides compassionate, individualized, and aggressive legal counsel.

800-745-0730
1. David E. Castro Rocklin, CA
  Attorney at Law - CA, 2014
  Florida Coastal School of Law
2. AboutLaw Office of David E. Castro
  Your Local, Legal Professionals
3. Practice AreasExpertise
  Accident & Injury Law
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Includes: Estate Administration, Living Wills, Wills

Justin Miner O'Connell

Litigation, Wills, Trusts, Family Law

Status: Licensed: 21 Years

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50 Ragsdale Drive, Monterey, CA 93940

Suzette Schwarz Perry

Wills, Trusts, Gift Taxation, DUI-DWI

Status: Licensed: 28 Years

CONTACT

Carmel By The Sea, CA 93921

Christine Maree Hyland

Elder Law, Trusts, Wills

Status: Licensed: 33 Years

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Carmel By The Sea, CA 93921

800-814-6700

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LEGAL TERMS

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

TRUSTEE POWERS

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

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.

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.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

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.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

SAMPLE LEGAL CASES

Guardianship of Ann S.

... 1118 OPINION. CORRIGAN, J.â€”. In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. ... We granted review. II. DISCUSSION. A. Probate Guardianship. ...

Schwartz v. Labow

... In August 2003, the probate court appointed Lionel B. Sanders, certified public accountant, conservator of Sylvia's and Louis's estates in the related conservatorships. ... DISCUSSION. 1. The probate court had jurisdiction in November 2005 to suspend appellant trustee's powers. ...

Estate of Bennett

... (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 settlement agreement and an assignment of their interests in the estate of Jack Harry Bennett (decedent). ...

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Monterey County, CA Wills & Probate Lawyers, page 2

Sponsored Law Firm

Law Office of David E. Castro

SPONSORED LAWYERS

Justin Miner O'Connell

Suzette Schwarz Perry

Christine Maree Hyland

TIPS

LEGAL TERMS

PUBLISHED WORK

PER CAPITA

TRUSTEE POWERS

ESTATE TAXES

FAMILY ALLOWANCE

PUBLIC ADMINISTRATOR

ANCILLARY PROBATE

PERSONAL PROPERTY

TESTAMENTARY TRUST

SAMPLE LEGAL CASES

Guardianship of Ann S.

Schwartz v. Labow

Estate of Bennett

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