Penn Laird Wills & Probate Lawyer, Virginia

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Includes: Estate Administration, Living Wills, Wills

John Burns Earle

Litigation, Municipal, Wills & Probate, Family Law
Status:  In Good Standing           

Matthew Von Schuch

Tax, Estate Administration, Business & Trade, Litigation
Status:  In Good Standing           

Steven Carter Rhodes

Real Estate, Wills, Business & Trade, Corporate
Status:  In Good Standing           

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LEGAL TERMS

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

WARRANTY DEED

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

FAMILY POT TRUST

See pot trust.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

SAMPLE LEGAL CASES

Matthews v. Matthews

... Present: All the Justices. OPINION BY Justice S. BERNARD GOODWYN. In this case, we consider whether the circuit court erred in failing to dismiss a probate appeal when the party appealing the probate order of the clerk had also submitted a different will for probate. ...

Schilling v. Schilling

... In this appeal, we consider whether Code § 64.1-49.1, effective on July 1, 2007, applies to a writing made in 2005 but not offered for probate as a holographic will until after the maker's death in September 2008. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW. ...

Keener v. Keener

... The purpose of this Trust is to reduce or eliminate probate costs to the extent possible while maintaining complete control of my assets. ... Debra went to the clerk's office of the Circuit Court of Prince William County to ascertain whether her father's will had been offered for probate. ...