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Sandra K. Law
About | Practice Areas
Schrader Companion Duff & Law, PLLC.
401 Main Street Wheeling, WV 26003» view map
Accident & Injury Law
Knowledge, Integrity, Results

At Schrader Companion Duff & Law, PLLC., we are well aware of your rights, and are dedicated to getting you the compensation you and your loved ones deserve.

800-939-8771
1. Sandra K. Law Wheeling, WV
  Attorney at Law - WV, 1992
  Duquesne University J.D. 1992
2. AboutSchrader Companion Duff & Law, PLLC.
  Knowledge, Integrity, Results
3. Practice AreasExpertise
  Accident & Injury Law
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Includes: Estate Administration, Living Wills, Wills

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800-923-0641

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LEGAL TERMS

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross 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.

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.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

TITLE COMPANY

A company that issues title insurance.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

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.

SAMPLE LEGAL CASES

James v. Knotts

... On May 1, 2006, Irene Nelson's last will and testament was admitted to probate by the County Commission of Clay County, and the appellants were qualified as co-executrixes of the estate. On September 18, 2006, this civil ...

Jackson v. Swain

... from the circuit court's order granting summary judgment in favor of respondent Phillis Swain, plaintiff below, and respondent Robert Freshwater, intervenor/plaintiff below, and ordering County Clerk Sylvia Benzo, a defendant below, to admit the Will of Morris G. Main to probate. ...

Sayre v. State Farm Fire & Casualty Company

... separate lawsuits. On February 22, 2005, the circuit court approved a global settlement agreement that resolved all of these lawsuits and approved the distribution of the probate and non-probate assets of both decedents. With ...

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Premier Wills & Probate Lawyer, West Virginia

Sponsored Law Firm

Schrader Companion Duff & Law, PLLC.

SPONSORED LAWYERS

Colleen C. McCulloch

Jerad Keith Horne

William P. Stafford

Phillip B. Ball

Jane E. Harkins

William Henry File

Robert N File

Gregory J Carper

TIPS

LEGAL TERMS

GROSS ESTATE

ADEMPTION

DISCHARGE (OF PROBATE ADMINISTRATOR)

ADMINISTRATRIX

MINERAL RIGHTS

TITLE COMPANY

GRANTOR RETAINED INCOME TRUST

WARRANTY DEED

DOWER AND CURTESY

SAMPLE LEGAL CASES

James v. Knotts

Jackson v. Swain

Sayre v. State Farm Fire & Casualty Company

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