Van Nuys Estate Planning Lawyer, California, page 7

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Includes: Gift Taxation

Andrew G. Smith

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills
Status:  In Good Standing           

Andrew Michael Katz

Tax, International, Gift Taxation, Business
Status:  In Good Standing           Licensed:  52 Years

Andrew Lee Gradman

Tax, Trusts, Gift Taxation
Status:  In Good Standing           Licensed:  14 Years

Andrew Timothy Smith

Estate Planning, Commercial Real Estate, Trusts, Estate, Wills
Status:  In Good Standing           

Andrew M Russell

Commercial Real Estate, Real Estate, Government, Estate Planning
Status:  In Good Standing           

Angad Singh

Tax, Gift Taxation
Status:  In Good Standing           Licensed:  9 Years

Angela Faith Proffitt Rediger

Wills, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  24 Years

Ani A. Galyan

Tax, International, Gift Taxation
Status:  In Good Standing           Licensed:  12 Years

Anita Pei-Da Wu

Litigation, Lawsuit & Dispute, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  18 Years

Ann Jennifer Rosenthal

Wills, Trusts, Estate Planning, Environmental Law
Status:  In Good Standing           Licensed:  30 Years

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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.

SURROGATE COURT

See probate court.

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.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

MARITAL LIFE ESTATE TRUST

See AB trust.

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.

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. ...

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