Itmann Wills & Probate Lawyer, West Virginia

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Includes: Estate Administration, Living Wills, Wills

Colleen C. McCulloch

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

Dustin Dean Gwinn

Intellectual Property, Business Organization, Estate, Estate
Status:  In Good Standing           Licensed:  20 Years

Ashley Lynn Justice

Real Estate, Motor Vehicle, Wills & Probate, Child Custody, Civil & Human Rights
Status:  In Good Standing           

Brian Elliott Bigelow

Pharmaceutical Product, Wills & Probate, Insurance, Personal Injury
Status:  In Good Standing           

Darl Wesley Poling

Real Estate, Wills & Probate, Estate, Accident & Injury
Status:  In Good Standing           Licensed:  36 Years

Evelyn Raeann Osborne

Education, Wills, Family Law, Adoption
Status:  In Good Standing           Licensed:  11 Years

Jonathan Kersey Matthews

Traffic, Wills & Probate, Employment, Divorce & Family Law, Medical Malpractice
Status:  In Good Standing           Licensed:  7 Years

Victoria Susannah Herman

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

A. David Abrams

Estate, Divorce, Civil & Human Rights, Bankruptcy, Personal Injury
Status:  In Good Standing           

Amy Vickers Fritz

Accident & Injury, Employment, Estate, Real Estate
Status:  In Good Standing           Licensed:  30 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

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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

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

SUCCESSOR TRUSTEE

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

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.

CERTIFICATION OF TRUST

See abstract of trust.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)
The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation 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.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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.

SAMPLE LEGAL CASES

James v. Knotts

... On May 1, 2006, Irene Nelson's last will and testament was admitted to probate by the County Commission of Clay County, and the appellants were qualified as co-executrixes of the estate. On September 18, 2006, this civil ...

Jackson v. Swain

... from the circuit court's order granting summary judgment in favor of respondent Phillis Swain, plaintiff below, and respondent Robert Freshwater, intervenor/plaintiff below, and ordering County Clerk Sylvia Benzo, a defendant below, to admit the Will of Morris G. Main to probate. ...

Sayre v. State Farm Fire & Casualty Company

... separate lawsuits. On February 22, 2005, the circuit court approved a global settlement agreement that resolved all of these lawsuits and approved the distribution of the probate and non-probate assets of both decedents. With ...