We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More 
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
I am the beneficiary of a trust where my sister is my trustee. The will states that I can use funds for medical, educational and support? What qualifies as support? I have tried to find answers and some things state living expense, clothing, food etc. and I have seen things that go as far as... View More
My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak... View More
answered on Feb 28, 2024
Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping... View More
My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More
answered on Jan 22, 2024
Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More
answered on Jan 3, 2024
You should expect the payment with the receipt. The receipt is normally provided to confirm that you have received the distribution. You should contact the fiduciary and question this.
I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.
Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?
I also have specific examples of legal... View More
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answered on Dec 10, 2023
Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.
At the same time, it is common for some entities in the real estate world, especially lenders,... View More
My mother established a real estate contract in 2/15/2023 signed by a lawyer, a real estate agent herself and the executor of the estate. She passed away 4/22/2023. The lawyer did not issue the deeds for the home or land to complete the contract. Is the contract still valid?
answered on Dec 11, 2023
Generally, the stature of limitations for all written contracts is five years. However, with respect to a real estate contract the expiration of the settlement date could result in a termination of that contract. You should also be aware that the obligations of the parties could inure to their... View More
My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More
answered on Dec 5, 2023
Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More
is the value of a Trust ever properly counted in thevalue of the Estate when the person whi died is also the grantor of the TRust?
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answered on Sep 20, 2023
In Virginia, the inclusion of trust assets in a decedent's gross estate largely depends on the nature of the trust and the powers retained by the decedent. If the deceased was the grantor of a revocable trust, meaning they retained the ability to alter or revoke the trust during their... View More
Will this help me in getting my husband, who doesn't want a divorce, to move out? Is he entitled to anything if it is sold?
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answered on Sep 4, 2023
No attorney will be able to answer your question without reviewing the trust instrument itself and probably also at least a couple of deeds in the chain of title. More information might also be required. You really need to consult with an attorney about this in person.
The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More
answered on Jul 23, 2023
The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.
The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.
Additionally, the Residual Estate clause states that the property,... View More
answered on Jun 20, 2023
Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More
We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More
answered on Jun 19, 2023
Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More
a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More
answered on Jun 7, 2023
The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More
a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia
answered on Jun 2, 2023
When a Virginia resident dies intestate, real property passes according to the laws of intestate succession starting in Virginia Code Section 64.2-200. First, it will go to the surviving spouse, unless there are surviving children of the decedent who are not children of the surviving spouse. If... View More
Father has left sister and I POA, we can act jointly or separately. Issue my sister aren't seeing eye to eye on is my father's 3rd largest asset (750K) is his home that is actually a vacation home. Lived there full time before he got sick. House is deteriorating, needs at least 35k in... View More
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answered on May 3, 2023
Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.
answered on Apr 28, 2023
It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More
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answered on Mar 20, 2023
A diagnosis alone does is not complete proof that a person lacked capacity to execute a valid Power of Attorney. In addition, "dementia" is a general term and can include varying degrees of inability to process information accurately. However, for a Power of Attorney to be valid, the... View More
answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... View More
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