Henry Wills & Probate Lawyer, Virginia

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Seth Price
About | Practice Areas
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

J. Albert Ellett

Estate Administration, Estate Planning, Living Wills, Power of Attorney

Status: In Good Standing

FREE CONSULTATION

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305 First Street, S.W., Roanoke, VA 24011

S.J. Robert Slemp

Elder Law, Estate Planning, Wills & Probate, Trusts

Status: In Good Standing

FREE CONSULTATION

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310 South Jefferson Street, Roanoke, VA 24011

Robert W. Haley

Power of Attorney, Wills & Probate, Trusts, Estate, Elder Law

Status: In Good Standing

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3371 Fairystone Park Highway, Bassett, VA 24055

Fred D. Smith

Real Estate, Traffic, Wills & Probate, Wrongful Termination

Status: In Good Standing

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Martinsville, VA 24114

Eric Howard Ferguson

Real Estate, Estate, Lawsuit & Dispute, Employment, Wills & Probate

Status: In Good Standing

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305 S Main St, Rocky Mount, VA 24151

James Allen Steele

Labor Law, Wills & Probate, Dispute Resolution, Juvenile Law

Status: In Good Standing Licensed: 17 Years

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3048 Brambleton Ave, Roanoke, VA 24015

James Steele

Labor Law, Wills & Probate, Dispute Resolution, Juvenile Law

Status: In Good Standing Licensed: 17 Years

CONTACT

3048 Brambleton Ave, Roanoke, VA 24015

John Stuart Honeycutt

Government, Wills & Probate, Workers' Compensation, Trade Associations

Status: In Good Standing

CONTACT

1819 Electric Road, Roanoke, VA 24018

Harry Spencer Rhodes

Wills, Estate Planning, Elder Law, Business & Trade

Status: In Good Standing

CONTACT

318 Washington Avenue, Roanoke, VA 24016

Christopher Carey Newton

Real Estate, Motor Vehicle, Wills & Probate, Employment, Car Accident

Status: In Good Standing

CONTACT

29 Franklin Road, Sw, Roanoke, VA 24011

800-923-0641

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LEGAL TERMS

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

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.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

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.

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.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

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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Henry Wills & Probate Lawyer, Virginia

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Price Benowitz LLP

SPONSORED LAWYERS

J. Albert Ellett

S.J. Robert Slemp

Robert W. Haley

Fred D. Smith

Eric Howard Ferguson

James Allen Steele

James Steele

John Stuart Honeycutt

Harry Spencer Rhodes

Christopher Carey Newton

TIPS

LEGAL TERMS

INTESTATE

PROVING A WILL

DISINHERIT

INVENTORY

SUMMARY PROBATE

DOWER AND CURTESY

AB TRUST

ACCUMULATION TRUST

REMAINDERMAN

SAMPLE LEGAL CASES

Matthews v. Matthews

Schilling v. Schilling

Keener v. Keener

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