Spanishburg Wills & Probate Lawyer, West Virginia

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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

Colleen C. McCulloch

Real Estate, Wills & Probate, Estate Planning, Bankruptcy

Status: In Good Standing

CONTACT

600 Neville Street, Beckley, WV 25801

J.B. Rees

Divorce & Family Law, Criminal, Personal Injury, Wills & Probate, Child Custody

Status: In Good Standing

CONTACT

171 N. Court St., Fayetteville, WV 25840

Thomas W. White

Wills & Probate, Family Law, Civil Rights, Bad Faith Insurance

Status: In Good Standing

FREE CONSULTATION

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116 W. Washington Street, Lewisburg, WV 24901

Ashley Lynn Justice

Real Estate, Motor Vehicle, Wills & Probate, Child Custody, Civil & Human Rights

Status: In Good Standing

CONTACT

600 Neville St, Beckley, WV 25801

Darl Wesley Poling

Real Estate, Wills & Probate, Estate, Accident & Injury

Status: In Good Standing Licensed: 36 Years

CONTACT

222 Main St, Beckley, WV 25801

Brian Elliott Bigelow

Pharmaceutical Product, Wills & Probate, Insurance, Personal Injury

Status: In Good Standing

CONTACT

101 N Kanawha St, Beckley, WV 25801

Robert J. Frank

Wills & Probate, Family Law, Criminal, Civil Rights, Bad Faith Insurance

Status: In Good Standing Licensed: 34 Years

CONTACT

900 W Washington St, Lewisburg, WV 24901

Harry G. Shaffer

Real Estate, Social Security, Wills & Probate, Workers' Compensation

Status: In Good Standing

CONTACT

Madison, WV 25130

Victoria Susannah Herman

Natural Resources, Estate Planning, Disability, Wills & Probate

Status: In Good Standing Licensed: 11 Years

CONTACT

28 Crossroads Drive, Mount Hope, WV 25880

Melissa Dwan Davis

Real Estate, Wills & Probate, Divorce & Family Law, Business

Status: In Good Standing Licensed: 18 Years

CONTACT

Princeton, WV 24740

800-923-0641

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LEGAL TERMS

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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.

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.

FAMILY POT TRUST

See pot trust.

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.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

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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Spanishburg Wills & Probate Lawyer, West Virginia

Sponsored Law Firm

Schrader Companion Duff & Law, PLLC.

SPONSORED LAWYERS

Colleen C. McCulloch

J.B. Rees

Thomas W. White

Ashley Lynn Justice

Darl Wesley Poling

Brian Elliott Bigelow

Robert J. Frank

Harry G. Shaffer

Victoria Susannah Herman

Melissa Dwan Davis

TIPS

LEGAL TERMS

AUGMENTED ESTATE

ADEMPTION

ACCUMULATION TRUST

FAMILY POT TRUST

INHERIT

PRETERMITTED HEIR

GROSS ESTATE

BEQUEATH

LIFE BENEFICIARY

SAMPLE LEGAL CASES

James v. Knotts

Jackson v. Swain

Sayre v. State Farm Fire & Casualty Company

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