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Terrence K. Martin Lawyer

Terrence K. Martin

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Accident & Injury, Divorce & Family Law, Criminal, Estate, Real Estate

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
Status:  In Good Standing           

Spotswood Law

Corporate, Real Estate, Trusts, Wills & Probate
Status:  In Good Standing           

James S Sease

Real Estate, Wills & Probate, Family Law, Bankruptcy
Status:  In Good Standing           

John Brooke Spotswood

Estate, Business, Corporate, Wills
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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
Status:  In Good Standing           

Kristina Beavers

Divorce & Family Law, Criminal, Estate, Business
Status:  In Good Standing           Licensed:  17 Years

Susan Infield Jean

Traffic, Lawsuit & Dispute, Estate, Elder Law, Accident & Injury
Status:  In Good Standing           

Elizabeth Ellen Bircher

Real Estate, Wills & Probate, Trusts, Elder Law
Status:  In Good Standing           

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LEGAL TERMS

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.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

FUNDING A TRUST

Transferring ownership of property to a trust.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

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.

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

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 ...