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Athens Wills & Probate Lawyer, West Virginia

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Includes: Estate Administration, Living Wills, Wills

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Colleen C. McCulloch

Real Estate, Wills & Probate, Estate Planning, Bankruptcy
Status:  In Good Standing           
CONTACT
600 Neville Street, Beckley, WV 25801
Profile LAWPOINTS™45/100
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Thomas W. White

Wills & Probate, Family Law, Civil Rights, Bad Faith Insurance
Status:  In Good Standing           

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CONTACT
116 W. Washington Street, Lewisburg, WV 24901
Profile LAWPOINTS™31/100
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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
Profile LAWPOINTS™32/100
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LEGAL TERMS

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

DEED OF TRUST

See trust deed.

OFFICER

A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operation... (more...)
A person elected by a profit or nonprofit corporation's board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

MARITAL LIFE ESTATE TRUST

See AB trust.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

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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