West Point Wills & Probate Lawyer, Virginia, page 5

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Seth Price
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Price Benowitz LLP
409 7Th St Nw Suite 200 Washington, DC 20004Â» view map
Estate Law
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Our firm was built on the understanding that comprehensive representation does not begin and end in the courtroom.

202-600-9400
1. Seth Price Washington, DC
  Attorney at Law- DC, 1996
  George Washington University Law School
2. AboutPrice Benowitz LLP
  Working Relentlessly for You
3. Practice AreasExpertise
  Estate Law
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Includes: Estate Administration, Living Wills, Wills

John Edwin Griswold

Wills & Probate, Divorce, DUI-DWI, Elder Law

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2487 Boulevard, Colonial Heights, VA 23834

Ryan C. Young

Wills & Probate, Estate Planning, Estate, Business

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5030 Sadler Place, Glen Allen, VA 23060

Elizabeth Ellen Bircher

Real Estate, Wills & Probate, Trusts, Elder Law

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12610 Patrick Henry Dr, Newport News, VA 23602

Sharon B. Ten

Estate, Estate Planning, Wills & Probate, Estate Administration

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Bowen Ten Cardani, PC, Richmond, VA 23233

Majessire Lucretia Smith

Divorce & Family Law, Federal Appellate Practice, Contract, Wills

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Henrico, VA 23242

Conway H. Sheild

Wills & Probate, Transactions, Business & Trade, Banking & Finance

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701 Town Center Drive, Newport News, VA 23606

Christopher Michael Mackenzie

Business, Employment Discrimination, Litigation, Wills & Probate

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701 Town Center Dr, Newport News, VA 23606

Charles Gilbert Havener

Commercial Real Estate, Wills, Adoption, Bankruptcy & Debt

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1 Enterprise Parkway, Newport News, VA 23666

Terry Noland Grinnalds

Traffic, Wills, Wills & Probate, Family Law

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Newport News, VA 23669

John B. Chappell

Transportation & Shipping, Government Agencies, Wills & Probate, Civil Rights

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Dinwiddie, VA 23841

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LEGAL TERMS

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SURROGATE COURT

See probate court.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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 Â§ 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. ...

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West Point Wills & Probate Lawyer, Virginia, page 5

Sponsored Law Firm

Price Benowitz LLP

SPONSORED LAWYERS

John Edwin Griswold

Ryan C. Young

Elizabeth Ellen Bircher

Sharon B. Ten

Majessire Lucretia Smith

Conway H. Sheild

Christopher Michael Mackenzie

Charles Gilbert Havener

Terry Noland Grinnalds

John B. Chappell

TIPS

LEGAL TERMS

RESIDUARY ESTATE

GRANT DEED

ANCILLARY PROBATE

SURVIVING SPOUSE'S TRUST

MINERAL RIGHTS

HOLOGRAPHIC WILL

PROVING A WILL

SURROGATE COURT

PRETERMITTED HEIR

SAMPLE LEGAL CASES

Matthews v. Matthews

Schilling v. Schilling

Keener v. Keener

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