West Point Wills & Probate Lawyer, Virginia

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Includes: Estate Administration, Living Wills, Wills

Stephen E. Scarce Lawyer

Stephen E. Scarce

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and real estate matters, including purchases and sales, lender representation, business and loan workouts, commercial rea... (more)

Trevor B. Reid Lawyer

Trevor B. Reid

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Mr. Reid joined Parker, Pollard & Brown as an associate after receiving his law degree from the University of Richmond in 2008. His practice is co... (more)

Meredith L. Yoder Lawyer

Meredith L. Yoder

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and commercial law matters, including: civil litigation, mergers and acquisitions, general corporate matters; commercial ... (more)

Malcolm M. Christian

Lawsuit & Dispute, Health Care, Wills & Probate, Business Organization
Status:  In Good Standing           

Oscar R. Brinson

Traffic, Social Security -- Disability, Wills, Wills & Probate
Status:  In Good Standing           

Alexandra "Sandra" D. Bowen

Family Law, Construction, Corporate, Wills
Status:  In Good Standing           

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Paula L Peaden

Wills & Probate, Estate Planning, Family Law, Elder Law
Status:  In Good Standing           

Hugh Sheppard Campbell

Family Law, Medical Malpractice, Wills & Probate, Transportation & Shipping
Status:  In Good Standing           

Vanessa L. Jones

Family Law, Wills & Probate, Farms, Child Support
Status:  In Good Standing           

Daniel J Roberts

Litigation, Family Law, Elder Law, Estate Administration
Status:  In Good Standing           Licensed:  24 Years

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LEGAL TERMS

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.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

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.

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.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

MARITAL LIFE ESTATE TRUST

See AB trust.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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. ...