Powellton Wills & Probate Lawyer, West Virginia

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Sandra K. Law
About | Practice Areas
Schrader Companion Duff & Law, PLLC.
401 Main Street Wheeling, WV 26003» view map
Accident & Injury Law
Knowledge, Integrity, Results

At Schrader Companion Duff & Law, PLLC., we are well aware of your rights, and are dedicated to getting you the compensation you and your loved ones deserve.

800-939-8771
1. Sandra K. Law Wheeling, WV
  Attorney at Law - WV, 1992
  Duquesne University J.D. 1992
2. AboutSchrader Companion Duff & Law, PLLC.
  Knowledge, Integrity, Results
3. Practice AreasExpertise
  Accident & Injury Law
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Includes: Estate Administration, Living Wills, Wills

Colleen C. McCulloch

Real Estate, Wills & Probate, Estate Planning, Bankruptcy

Status: In Good Standing

CONTACT

600 Neville Street, Beckley, WV 25801

Susan Delaine Hill

Family Law, Wills, Divorce, Farms

Status: In Good Standing

CONTACT

1528 Kanawha Boulevard, East, Charleston, WV 25311

Paula L Wilson

Social Security -- Disability, Family Law, Wills & Probate, Construction

Status: In Good Standing

CONTACT

213 Hale Street, Charleston, WV 25301

Greg R Lord

Government Agencies, Wills & Probate, Elder Law, Medical Malpractice

Status: In Good Standing Licensed: 40 Years

CONTACT

Charleston, WV 25336

800-923-0641

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LEGAL TERMS

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

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.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

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.

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.

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 ...

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Powellton Wills & Probate Lawyer, West Virginia

Sponsored Law Firm

Schrader Companion Duff & Law, PLLC.

SPONSORED LAWYERS

Colleen C. McCulloch

Susan Delaine Hill

Paula L Wilson

Greg R Lord

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LEGAL TERMS

ADMINISTRATION (OF AN ESTATE)

SUMMARY PROBATE

MARITAL LIFE ESTATE TRUST

STATUTORY SHARE

ABATEMENT

SPRINKLING TRUST

POUR-OVER WILL

NONPROBATE

AB TRUST

SAMPLE LEGAL CASES

James v. Knotts

Jackson v. Swain

Sayre v. State Farm Fire & Casualty Company

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