Oakton Estate Lawyer, Virginia

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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)

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

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

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Sharon Kay Lieblich Lawyer

Sharon Kay Lieblich

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Divorce & Family Law, Child Custody, Estate

-practicing domestic relations law for over 40 years -litigated in all areas of domestic relations and family law -negotiates and writes prenuptial ... (more)

Valerie B. Geiger

Power of Attorney, Wills & Probate, Estate Planning, Guardianships & Conservatorships
Status:  In Good Standing           

Sheri R Abrams

Social Security -- Disability, Estate
Status:  In Good Standing           

Loretta Morris Williams

Elder Law, Estate, Power of Attorney
Status:  In Good Standing           

Michael A. Ward

Family Law, Wills & Probate, Wills, Divorce
Status:  In Good Standing           

Jean Galloway Ball

Estate Planning, Child Custody, Elder Law, Estate
Status:  In Good Standing           

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Lawyer.com can help you easily and quickly find Oakton Estate Lawyers and Oakton 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

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.

FAMILY POT TRUST

See pot trust.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

TESTAMENTARY TRUST

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

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

FUNDING A TRUST

Transferring ownership of property to a 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.

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 ...