Gloucester Wills & Probate Lawyer, Virginia

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Seth Price
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Price Benowitz LLP
409 7Th St Nw Suite 200 Washington, DC 20004Â» view map
Estate Law
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Our firm was built on the understanding that comprehensive representation does not begin and end in the courtroom.

202-600-9400
1. Seth Price Washington, DC
  Attorney at Law- DC, 1996
  George Washington University Law School
2. AboutPrice Benowitz LLP
  Working Relentlessly for You
3. Practice AreasExpertise
  Estate Law
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Includes: Estate Administration, Living Wills, Wills

John Brooke Spotswood

Estate, Business, Corporate, Wills

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6517 Main Street, Gloucester, VA 23061

Richard M Foard

Real Estate, Personal Injury, Wills & Probate, Trusts

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Gloucester, VA 23061

James J. Knicely

Corporate Tax, Wills & Probate, Constitutional Law, Civil Rights

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487 Mclaws Cir, Williamsburg, VA 23185

Spotswood Law

Corporate, Real Estate, Trusts, Wills & Probate

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40 Court St, Mathews, VA 23109

James S Sease

Real Estate, Wills & Probate, Family Law, Bankruptcy

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10458 Buckley Hall Rd, Mathews, VA 23109

800-814-6700

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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

CURATOR

See conservator.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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 Â§ 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. ...

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Gloucester Wills & Probate Lawyer, Virginia

Sponsored Law Firm

Price Benowitz LLP

SPONSORED LAWYERS

John Brooke Spotswood

Richard M Foard

James J. Knicely

Spotswood Law

James S Sease

TIPS

LEGAL TERMS

HEIR APPARENT

PER STIRPES

FAMILY ALLOWANCE

PROBATE

SUMMARY PROBATE

GENERATION-SKIPPING TRUST

CURATOR

QDOT TRUST

ESTATE TAXES

SAMPLE LEGAL CASES

Matthews v. Matthews

Schilling v. Schilling

Keener v. Keener

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