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Terrence K. Martin Lawyer

Terrence K. Martin

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I am attorney Terrence K. martin of the Law Office of Terry Martin and Associates. I know that my clients come to me in times of real need, and I am c... (more)

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Christie M. Wilson

Bankruptcy, Divorce, Social Security -- Disability, Estate Planning
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Rob Elliott

Traffic, Estate Planning, Criminal, Elder Law
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Shannon Carmel Shaeffer

Landlord-Tenant, Estate Planning, Divorce, Personal Injury
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Robin Karl Kutz

Government, Estate, Civil & Human Rights
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George Patterson Wakefield Buxton

Estate
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George P Wakefield Buxton

Estate
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Justin Robert Atkins

Landlord-Tenant, Wills & Probate, Employment, Family Law
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Karla Jeanette Keener

Estate, Divorce & Family Law, Criminal, Business
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David Jason Damiani

General Practice
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LEGAL TERMS

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.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

DEVISEE

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

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

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.

SAMPLE LEGAL CASES

Estate of James v. Peyton

In these consolidated interlocutory appeals arising from a personal injury action, we consider whether the circuit court erred in concluding that an amended motion for judgment properly names an administrator of an estate rather than the estate itself as a party defendant. Specifically, ...

Idoux v. Estate of Helou

On September 2, 2008, Idoux filed the present negligence action in the circuit court and identified the defendant as the "Estate of Raja Alexander Helou." On November 17, 2008, Idoux served the personal representative of the Estate with the complaint, after the relevant statute of ...

Williams v. COM., REAL ESTATE BOARD

The underlying facts in this matter are highly contested, and rather convoluted. In the fall of 2004, Williams was a licensed real estate agent working for Virginia Real Estate and Development, Inc. (VARED). On December 8, 2004, Williams entered into an agreement ...