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AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 75 E. Santa Clara St., Ste. 1350, San Jose, CA 95113

  • 1871 The Alameda, Ste. 400, San Jose, CA 95126

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  • 653 North San Pedro Street, San Jose, CA 95110

  • 1131 Park Ave., San Jose, CA 95126

  • 1754 Technology Dr., Ste. 236, San Jose, CA 95110

  • 95 South Market Street, Suite 260, San Jose, CA 95113

  • 2084 Alameda Way, San Jose, CA 95126-1002

  • 84 W. Santa Clara St., Ste. 800, San Jose, CA 95113-1810

  • 101 Metro Dr., Ste. 250, San Jose, CA 95110-1343

  • 800 Charcot Avenue, Suite 106, San Jose, CA 95131

  • 1110 N. 1st St., San Jose, CA 95112

  • 1641 Martin Ave., San Jose, CA 95128

  • 45 E. Julian Street, Second Floor, San Jose, CA 95112

  • 1625 The Alameda, Suite 101, San Jose, CA 95126

  • 4791 La Cresta Way, San Jose, CA 95129

  • 1871 The Alameda, Suite 333, San Jose, CA 95126

  • 950 S. Bascom Ave., Ste. 1016, San Jose, CA 95128-3537

  • 1700 The Almeda, Ste. 300, San Jose, CA 95126

  • 999 W Taylor St., San Jose, CA 95126-1850

  • P.O. Box 9982, San Jose, CA 95157-0982

  • 730 N. 1st St., San Jose, CA 95112-6302

  • 4340 Stevens Creek Blvd., Suite 160, San Jose, CA 95129

  • 950 S. Bascom Ave., Ste. 1113, San Jose, CA 95128

  • 84 West Santa Clara St., Ste. 540, San Jose, CA 95113

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I just destroy an old will and make it invalid?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
Under Nevada law absent a provision in your decree the Will as to your ex-husband is invalid. You can destroy it to revoke it. I usually suggest my clients destroy it, and write canceled/revoked on it, rip in a few pieces and save to show it was revoked. Also notify the attorney who drafted it, so it is clear that it was revoked. Best to make a Will to handle your affairs and state that all prior Wills are revoked.
Under Nevada law absent a provision in your decree the Will as to your ex-husband is invalid. You can destroy it to revoke it. I usually suggest my clients destroy it, and write canceled/revoked on it, rip in a few pieces and save to show it was revoked. Also notify the attorney who drafted it, so it is clear that it was revoked. Best to make a Will to handle your affairs and state that all prior Wills are revoked.
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Can a property be sold by half?

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Answered by attorney Victor L. Waid (Unclaimed Profile)
Estate Planning lawyer at Law Office of Victor Waid
It is suggested that you obtain a qualified appraisal of the value of the property; then you offer to buy out her one half; you may need legal representation to accomplish this suggestion; the alternate way is to force a sale of the property by filing a petition to partition the property forcing a sale through escrow, at which time you can also bid to buy out her half of the property at sale.
It is suggested that you obtain a qualified appraisal of the value of the property; then you offer to buy out her one half; you may need legal representation to accomplish this suggestion; the alternate way is to force a sale of the property by filing a petition to partition the property forcing a sale through escrow, at which time you can also bid to buy out her half of the property at sale.
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If I have power of attorney for my mother who is now incapacitated, can I transfer property into my own name using a quit claim deed?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
You really should not do this. Self-dealing is a breach of your fiduciary duties. Also, there are tax consequences to transferring property during life, as opposed to inheriting it. Finally, if your mother were to need assistance from the state's Medicaid program, your gifts to yourself would disqualify her for a period of time.
You really should not do this. Self-dealing is a breach of your fiduciary duties. Also, there are tax consequences to transferring property during life, as opposed to inheriting it. Finally, if your mother were to need assistance from the state's Medicaid program, your gifts to yourself would disqualify her for a period of time.
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