Oilville Wills & Probate Lawyer, Virginia

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Includes: Estate Administration, Living Wills, Wills

Meredith  Yoder Lawyer

Meredith Yoder

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and commercial law matters, including: civil litigation, mergers and acquisitions, general corporate matters; commercial ... (more)

Trevor  Reid Lawyer

Trevor Reid

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Mr. Reid joined Parker, Pollard & Brown as an associate after receiving his law degree from the University of Richmond in 2008. His practice is concen... (more)

Stephen  Scarce Lawyer

Stephen Scarce

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Steve Bryant is a member of the firm’s litigation section. Steve defends clients charged with serious traffic offenses including DUIs; he was recen... (more)

Trevor B. Reid Lawyer

Trevor B. Reid

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Mr. Reid joined Parker, Pollard & Brown as an associate after receiving his law degree from the University of Richmond in 2008. His practice is co... (more)

Meredith L. Yoder Lawyer

Meredith L. Yoder

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and commercial law matters, including: civil litigation, mergers and acquisitions, general corporate matters; commercial ... (more)

Stephen E. Scarce Lawyer

Stephen E. Scarce

VERIFIED
Real Estate, Wills & Probate, Trusts, Corporate

Practice focuses on business and real estate matters, including purchases and sales, lender representation, business and loan workouts, commercial rea... (more)

Phoebe P. Hall

Wills, Wills & Probate, Family Law, Divorce
Status:  In Good Standing           

Franklin P. Hall

Wills, Wills & Probate, Family Law, Divorce
Status:  In Good Standing           

Paula L Peaden

Wills & Probate, Estate Planning, Family Law, Elder Law
Status:  In Good Standing           

Hugh Sheppard Campbell

Family Law, Medical Malpractice, Wills & Probate, Transportation & Shipping
Status:  In Good Standing           

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LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

NET ESTATE

The value of all property owned at death less liabilities or debts.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

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.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

SAMPLE LEGAL CASES

Matthews v. Matthews

... Present: All the Justices. OPINION BY Justice S. BERNARD GOODWYN. In this case, we consider whether the circuit court erred in failing to dismiss a probate appeal when the party appealing the probate order of the clerk had also submitted a different will for probate. ...

Schilling v. Schilling

... In this appeal, we consider whether Code § 64.1-49.1, effective on July 1, 2007, applies to a writing made in 2005 but not offered for probate as a holographic will until after the maker's death in September 2008. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW. ...

Keener v. Keener

... The purpose of this Trust is to reduce or eliminate probate costs to the extent possible while maintaining complete control of my assets. ... Debra went to the clerk's office of the Circuit Court of Prince William County to ascertain whether her father's will had been offered for probate. ...