Gap Mills Trusts Lawyer, West Virginia

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Thomas W. White

Wills & Probate, Family Law, Civil Rights, Bad Faith Insurance
Status:  In Good Standing           

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Robert Frank

Estate, Employment Discrimination, Civil & Human Rights, Personal Injury
Status:  In Good Standing           Licensed:  34 Years

Aaron C. Ambler

Lawsuit, Estate
Status:  In Good Standing           Licensed:  25 Years

Alyson A Dotson

Estate Planning, Family Law
Status:  In Good Standing           Licensed:  23 Years

George L. Lemon

Estate Planning, Bankruptcy, Personal Injury
Status:  In Good Standing           Licensed:  54 Years

J. Steven Hunter

Criminal, Personal Injury, Divorce, Real Estate, Estate Planning
Status:  In Good Standing           

Jesse O'Dell Guills

Real Estate, Estate, Civil & Human Rights, Business
Status:  Deceased           Licensed:  53 Years

Richard Grady Ford

Real Estate, Estate, Banking & Finance, Business
Status:  Deceased           

Richard E. Ford

Real Estate, Estate, Banking & Finance, Business
Status:  Deceased           

Robert J. Frank

Wills & Probate, Family Law, Criminal, Civil Rights, Bad Faith Insurance
Status:  In Good Standing           Licensed:  34 Years

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

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LEGAL TERMS

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)
A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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.

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.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SUCCESSOR TRUSTEE

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

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

SAMPLE LEGAL CASES

IN RE APPOINTMENT OF TRUSTEES FOR WOODLAWN CEMETERY

... Counsel for the Bank wrote to Mr. Decker on May 25, 2005, and told him that cemetery permanent endowment care trusts must remain intact for the benefit of cemetery maintenance, and told him that there is no legal provision for the termination of such a trust. ...

IN RE PETITION FOR APPOINTMENT OF TRUSTEES FOR WOODLAWN CEMETERY

... Counsel for the Bank wrote to Mr. Decker on May 25, 2005, and told him that cemetery permanent endowment care trusts must remain intact for the benefit of cemetery maintenance, and told him that there is no legal provision for the termination of such a trust. ...

GRAFTON-GORE v. CENTRA BANK, INC.

... Petitioner's purchase of Hickory Ridge closed on March 7, 2006, and she executed the promissory notes and deeds of trusts required for the loans. The deed conveying Hickory Ridge to her was recorded with the Clerk of the Berkeley County Commission. ...