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Scott R. Sexauer Lawyer

Scott R. Sexauer

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Criminal, Divorce & Family Law, Bankruptcy & Debt, Litigation, Estate
Customer Satisfaction is Our Top Priority

Scott R. Sexauer is a native of Northern Virginia. He obtained his undergraduate and law school degrees from George Mason University. He has been in... (more)

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703-459-9956

Elana  Strom Lawyer

Elana Strom

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Divorce & Family Law, Estate, Social Security, Guardianships & Conservatorships, Social Security -- Disability

I have been practicing law for over thirty-five years and have handled a wide variety of family-law matters, social security disability applications a... (more)

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800-995-4530

Kia Brian Kondori Lawyer

Kia Brian Kondori

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Immigration, Business, Estate

At Kondori, Moorad & Niesen, L.L.P., we do not operate as an orthodox legal practice. Our law firm’s goal is less about conducting traditional busin... (more)

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800-715-2320

John Carter Morgan Lawyer

John Carter Morgan

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Bankruptcy & Debt, Foreclosure, Real Estate, Estate
Compassionate and experienced legal representation providing affordable rates.

John Morgan grew up in Northern Virginia and is a devoted family man. John has felt the embarrassment and pain of financial burdens and filed bankrupt... (more)

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703-664-1726

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Lisa Lane McDevitt Lawyer

Lisa Lane McDevitt

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Divorce & Family Law, Estate, Trusts, Military, Wills & Probate

I founded my Vienna firm in 1999 to make a difference for clients dealing with difficult legal issues — particularly in the way clients are treated ... (more)

Jerome P. Friedlander II Lawyer

Jerome P. Friedlander II

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Estate, Real Estate Other, Accident & Injury, Construction, Business

Attorney Friedlander is a practicing lawyer in the state of Virginia.

John Carter Morgan Lawyer

John Carter Morgan

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Bankruptcy & Debt, Foreclosure, Real Estate, Estate
Compassionate and experienced legal representation providing affordable rates.

John Morgan grew up in Northern Virginia and is a devoted family man. John has felt the embarrassment and pain of financial burdens and filed bankrupt... (more)

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540-349-3232

James Michael McMinn Lawyer

James Michael McMinn

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Bankruptcy, Estate

James M. McMinn is an associate with John Goetz Law, PLC. He received his J.D. from Liberty University School of Law in 2010. Prior to law school, M... (more)

John P. Goetz Lawyer

John P. Goetz

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Bankruptcy, Estate Planning, Trusts

John Goetz Law, PLC, services clients in Warrenton, Gainesville, Culpeper and the surrounding areas. Its focus is on bankruptcy and estate planning. W... (more)

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800-938-8911

Michael A. Ward

Family Law, Wills & Probate, Wills, Divorce
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Lawyer.com can help you easily and quickly find Fairfax Estate Lawyers and Fairfax Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

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.

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.'

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)
The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

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.

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.

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.

SAMPLE LEGAL CASES

Estate of James v. Peyton

In these consolidated interlocutory appeals arising from a personal injury action, we consider whether the circuit court erred in concluding that an amended motion for judgment properly names an administrator of an estate rather than the estate itself as a party defendant. Specifically, ...

Idoux v. Estate of Helou

On September 2, 2008, Idoux filed the present negligence action in the circuit court and identified the defendant as the "Estate of Raja Alexander Helou." On November 17, 2008, Idoux served the personal representative of the Estate with the complaint, after the relevant statute of ...

Williams v. COM., REAL ESTATE BOARD

The underlying facts in this matter are highly contested, and rather convoluted. In the fall of 2004, Williams was a licensed real estate agent working for Virginia Real Estate and Development, Inc. (VARED). On December 8, 2004, Williams entered into an agreement ...