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

C. Richard Cranwell

Social Security -- Disability, Wills & Probate, Corporate, Medical Malpractice

Status: In Good Standing

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Roanoke, VA 24022

Christopher Carey Newton

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

Status: In Good Standing

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29 Franklin Road, Sw, Roanoke, VA 24011

Donna Ann Mitchell

Wills

Status: Inactive Licensed: 15 Years

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605 Alleghany St, Blacksburg, VA 24060

Eric Roland Spencer

Wills, Wills & Probate, Workers' Compensation, Family Law

Status: In Good Standing

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Roanoke, VA 24010

Eric Howard Ferguson

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

Status: In Good Standing

CONTACT

305 S Main St, Rocky Mount, VA 24151

Fred D. Smith

Real Estate, Traffic, Wills & Probate, Wrongful Termination

Status: In Good Standing

CONTACT

Martinsville, VA 24114

Harry P. Sakellaris

International Tax, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

549 Main Street, Danville, VA 24543

Harry Spencer Rhodes

Wills, Estate Planning, Elder Law, Business & Trade

Status: In Good Standing

CONTACT

318 Washington Avenue, Roanoke, VA 24016

800-923-0641

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LEGAL TERMS

CERTIFICATION OF TRUST

See abstract of trust.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

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.

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.

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.

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.

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

Sponsored Law Firm

Price Benowitz LLP

SPONSORED LAWYERS

J. Albert Ellett

S.J. Robert Slemp

C. Richard Cranwell

Christopher Carey Newton

Donna Ann Mitchell

Eric Roland Spencer

Eric Howard Ferguson

Fred D. Smith

Harry P. Sakellaris

Harry Spencer Rhodes

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LEGAL TERMS

CERTIFICATION OF TRUST

TESTAMENTARY TRUST

EXEMPTION TRUST

FAILURE OF ISSUE

CONTINGENT BENEFICIARY

DISINHERIT

PROPERTY CONTROL TRUST

PROBATE COURT

PROVING A WILL

SAMPLE LEGAL CASES

Matthews v. Matthews

Schilling v. Schilling

Keener v. Keener

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