Allen Junction Estate Planning Lawyer, West Virginia

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Includes: Gift Taxation

Colleen C. McCulloch

Real Estate, Wills & Probate, Estate Planning, Bankruptcy
Status:  In Good Standing           

Cheryl Lyn Burm

Commercial Real Estate, International Tax, Federal Trial Practice, Estate Planning
Status:  In Good Standing           

Jane E. Harkins

Estate Planning, Family Law, Products Liability, Medical Malpractice
Status:  In Good Standing           Licensed:  32 Years

Jerad Keith Horne

Personal Injury, Car Accident, Estate Planning, Corporate, Criminal
Status:  In Good Standing           

Lindsey Caroline Ashley

Estate Planning, Family Law, Consumer Rights, Personal Injury, Slip & Fall Accident
Status:  In Good Standing           Licensed:  11 Years

Robert N File

Real Estate, Litigation, Estate Planning, Insurance
Status:  In Good Standing           Licensed:  45 Years

Victoria Susannah Herman

Natural Resources, Estate Planning, Disability, Wills & Probate
Status:  In Good Standing           Licensed:  11 Years

William Henry File

Mediation, Estate Planning, Corporate, Banking & Finance
Status:  In Good Standing           Licensed:  44 Years

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Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

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.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

FUNDING A TRUST

Transferring ownership of property to a trust.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

SAMPLE LEGAL CASES

IN RE JAMES

... 885, 575 SE2d 864 (2002). Therefore, the HPS found no violation by Respondent of Rule 1.9(a). The DeFrances case involved an estate lawyer who met briefly with a testator who had a will, but who ultimately did not utilize the lawyer's estate planning services. ...

Rosier v. Rosier

... At his deposition, Mr. Miller stated that he consulted with Stearl Rosier and Robert Lee Rosier about estate planning. ... Further, the property transfers were made to effectuate estate planning, as opposed to part of an attempt to defraud his wife. ...