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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

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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

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310 South Jefferson Street, Roanoke, VA 24011

Everett Parker Shockley

Traffic, Wills, Family Law, Personal Injury

Status: In Good Standing

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2305 Peppers Ferry Rd, Pulaski, VA 24301

Jonathan L. McGrady

Health Care, Wills, Family Law, Wrongful Death

Status: In Good Standing

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127 Mill Street, Hillsville, VA 24343

Raleigh M. Cooley

Real Estate, Wills, Criminal, Elder Law

Status: In Good Standing

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217 North Main Street, Hillsville, VA 24343

C. Richard Cranwell

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

Status: In Good Standing

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Roanoke, VA 24022

Eric Roland Spencer

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

Status: In Good Standing

CONTACT

Roanoke, VA 24010

Lauren Stockburger Eells

Tax, Business & Trade, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

10 Franklin Road, Se, Roanoke, VA 24011

Karl William Uotinen

Power of Attorney, Health Care, Wills, Trusts

Status: In Good Standing

CONTACT

Fincastle, VA 24090

800-923-0641

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LEGAL TERMS

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

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.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

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.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

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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Radford Wills & Probate Lawyer, Virginia

Sponsored Law Firm

Price Benowitz LLP

SPONSORED LAWYERS

J. Albert Ellett

S.J. Robert Slemp

Everett Parker Shockley

Jonathan L. McGrady

Raleigh M. Cooley

C. Richard Cranwell

Eric Roland Spencer

Lauren Stockburger Eells

Karl William Uotinen

TIPS

LEGAL TERMS

SPECIAL ADMINISTRATOR

PERSONAL PROPERTY

DOWER AND CURTESY

SELF-PROVING WILL

TRUSTEE POWERS

DEVISEE

ADMINISTRATRIX

SUMMARY PROBATE

PER CAPITA

SAMPLE LEGAL CASES

Matthews v. Matthews

Schilling v. Schilling

Keener v. Keener

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