Schley Estate Planning 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
Working Relentlessly For You

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: Gift Taxation

R. Lee Stephens Jr.

Business Organization, Corporate, Estate Planning, Employment

Status: In Good Standing

CONTACT

4507 Irvington Road, Irvington, VA 22480

Helena Sue Mock

Wills, Estate Planning, Guardianships & Conservatorships, Elder Law

Status: In Good Standing

CONTACT

461 Mclaws Cir, Williamsburg, VA 23185

Rob Elliott

Traffic, Estate Planning, Criminal, Elder Law

Status: In Good Standing

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7100 George Washington Memorial Highway, Yorktown, VA 23692

Shannon Carmel Shaeffer

Landlord-Tenant, Estate Planning, Divorce, Personal Injury

Status: In Good Standing

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7100 George Washington Memorial Highway, Yorktown, VA 23692

Walter Chester Zaremba

Real Estate, Estate Planning, Divorce, Elder Law

Status: In Good Standing

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123 Bulifants Boulevard, Williamsburg, VA 23188

Heather W. Lewis

Child Custody, Estate Planning, Divorce, Family Law

Status: In Good Standing

CONTACT

Saluda, VA 23149

H. Van Smith

Estate Planning, Family Law, Divorce, Elder Law

Status: In Good Standing

CONTACT

123 Bulifants Boulevard, Williamsburg, VA 23188

Natalie Anne Trolenberg

Merger & Acquisition, International Tax, Gift Taxation

Status: In Good Standing Licensed: 15 Years

CONTACT

Shacklefords, VA 23156

Dexter C. Rumsey

Trusts, Estate Planning

Status: In Good Standing

CONTACT

Irvington, VA 22480

800-923-0641

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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).

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.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living 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 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). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

SAMPLE LEGAL CASES

Ott v. L & J HOLDINGS, LLC

... Lou Ann consulted Glenn H. Goodpasture, a Fredericksburg attorney, who formed an entity called L & J Holdings, LLC (L & J) to accomplish her purpose. Lou Ann had also consulted R. Leigh Frackleton, Jr., Goodpasture's law partner, with respect to estate planning. ...

Keener v. Keener

... More than four years before his death, the testator consulted an attorney specializing in estate planning, who prepared a "pour-over" will that left all the testator's property to the "Hollis Grant Keener Revocable Living Trust" (the trust). ...

Campbell v. Campbell

... App. 580, 586, 397 SE2d 257, 261 (1990). "[G]ifts to family members c[an] be considered dissipation," but a "pattern of pre-separation giving as a part of estate planning" can provide evidence to support a finding that the giving was not done in anticipation of divorce. ...

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Schley Estate Planning Lawyer, Virginia

Sponsored Law Firm

Price Benowitz LLP

SPONSORED LAWYERS

R. Lee Stephens Jr.

Helena Sue Mock

Rob Elliott

Shannon Carmel Shaeffer

Walter Chester Zaremba

Heather W. Lewis

H. Van Smith

Natalie Anne Trolenberg

Dexter C. Rumsey

TIPS

LEGAL TERMS

HEIR APPARENT

GRANTOR RETAINED INCOME TRUST

HOLOGRAPHIC WILL

GENERATION-SKIPPING TRANSFER TAX

STATUTORY SHARE

ESTATE TAXES

SURVIVING SPOUSE'S TRUST

PER STIRPES

POUR-OVER WILL

SAMPLE LEGAL CASES

Ott v. L & J HOLDINGS, LLC

Keener v. Keener

Campbell v. Campbell

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