Richmond Wills & Probate Lawyer, Virginia

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Includes: Estate Administration, Living Wills, Wills

Gail D Holstrom Lawyer

Gail D Holstrom

VERIFIED
Divorce & Family Law, Wills & Probate, Real Estate, Litigation, Corporate

I personally handle all aspects of each clients' case from the initial consultation to trial. I take great pride in the personal attention I am able t... (more)

FREE CONSULTATION 

CONTACT

800-852-2660

Allison  Bridges Lawyer

Allison Bridges

Divorce & Family Law, Accident & Injury, Criminal, Wills & Probate, Juvenile Law

Allison L. Bridges, Esq. practices in the areas of family law, including divorce, custody, and visitation, as well as criminal and traffic defense, an... (more)

FREE CONSULTATION 

CONTACT

804-358-8000

Charles Jerry Homiller Lawyer

Charles Jerry Homiller

VERIFIED
DUI-DWI, Traffic, Criminal, Car Accident, Wills
Criminal and Civil Litigation

The Homiller Law Firm is located in in Midlothian, Virginia, fifteen minutes west of Richmond. Our central Virginia location enables us to reach court... (more)

Stephen G. Reardon

Wills & Probate, Corporate, Estate Planning, Real Estate
Status:  In Good Standing           
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Matthew Yanovitch

Wills & Probate, Elder Law, Health Care, Estate Planning
Status:  In Good Standing           

Henry N. Ware

Business Organization, Products Liability, Wills & Probate, Construction
Status:  In Good Standing           

Malcolm M. Christian

Business Organization, Wills & Probate
Status:  In Good Standing           

Oscar R. Brinson

Social Security -- Disability, Wills & Probate, Wills, Traffic
Status:  In Good Standing           

Andrew W. Oxenreiter

Corporate, Estate Planning, Real Estate, Wills
Status:  In Good Standing           

Michael A. Lormand

Business Organization, Family Law, Collection, Wills & Probate
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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Easily find Richmond Wills & Probate Lawyers and Richmond Wills & Probate Law Firms. For more attorneys, search all Estate areas including Estate Planning, Trusts and Power of Attorney attorneys.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

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.

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 § 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. ...