My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »
Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries...Read more »
We never lived together again. 10 years after we separated he had a heart attack, suffered brain damage, and had to be put in a home for 10 year. He recently passed away. All he has left is about $330K in his IRA. While incapacitated his mother created a will leaving all money to his sons and... Read more »
Property often transfers at death through nonprobate transfers, including survivorship on title, beneficiary designations on accounts, payable on death bank accounts (POD), and transfer on death investment accounts (TOD). Nevertheless, such transfers are still subject to legal requirements of...Read more »
Just died in the middle of the sale of the home. My mother in laws will states that if any of her children that do not have children their part goes back to the other children. Can my sister in law will her part of inherited land that was willed to her husband from his mother to her sister or does... Read more »
My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... Read more »
As long as the loan continues to be paid timely, nothing happens. If it is not paid, the lender enforces against the living signer and tries to enforce against the deaf citizens-signer. Upon learning of the demise, they may proceed to file a claim in the probate estate.
Do I need to hire attorney to represent our family and handle the estate? If he passes away we do not know anything about life insurance or burial insurance but we will have to pay the bill for the funeral because we do not know any thing about his finances etc.
father left me lifetime rights to a property in his will, but he was married & step mother just passed Jan 27 this year , I was not notified of her death , & have not been contacted or told anything , online property GIS says it willed , step brother was left in charge of over seeing things
Every state in which I practice gives executors, administrators, and personal representatives powers to accomplish their objectives. If you don't know what those powers are or how to use them, you need to retain counsel. The estate can pay for that legal advice, so it isn't coming out of...Read more »
The Will must be probated, and the court must appoint the personal representatives (executors/executrix in Virginia) before they have any power at all. If the bank account is not a probate asset. like an account in which a beneficiary is named or a joint account that was not created for the benefit...Read more »
The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.
It depends on how severe the beach is. If, for example, the breach amounts to theft or conversion then, yes, it is possible. Breach of fiduciary duty is first and foremost a civil offense, and there is typically no criminal liability for civil offenses, but there is some overlap between civil...Read more »
If the account had a joint tenant with right of survivorship that was not a Totten Trust or a POD or a designated beneficiary, then the funds pass to the designated beneficiary outside of probate. The executor has very little to do with it, and the bank should only require the beneficiary to...Read more »
I'd be happy to sell you a discounted one-hour consult, and we could do it by Zoom in these quarantine conditions, but why would you want to open a probate estate? If her assets were $8,000 -- assuming you could get $8,000 after it was moved off the rental property -- and her debts were...Read more »
Have you consulted an experienced lawyer? There are a lot of considerations that many people don't know, such as the answer to your question. At least once a month I save my clients a lot of money - a multiple of my consultation fee - because of those details.
The appointed commissioner of revenue also had been asked prior to the appointment of an executor to represent myself and while in a consult with senior partner in firm he had me bring important paperwork in that he most surely copied because he took them out of conference room for around thirty... Read more »
I have no idea what you are asking. First, I think you are referring to the Commissioner of Accounts for your jurisdiction, but the executor or your father's estate would have been appointed by the Register of Wills, not the Commissioner of Accounts. If you did not petition to become the...Read more »
Now they want my husband to settle up with them because he was sole heir. We dont know what to do!
My brother inlaw denied to his dieing breath it was untrue what my nephew accused him of but the lawyer said we owe him money for the pending lawsuit he had on going when my brother inlaw... Read more »
The type of lawyer you need is a probate lawyer who also does litigation. If you are representing the estate and the estate is in Virginia, you may use the estate's assets to pay the litigator as needed. You can find an attentive and talented lawyer by searching the Find a Lawyer function at...Read more »
25 years ago. Brother inlaw denies all allegations and nephew has no witnesses or proof. He did not say anything about this issues until he found out my brother inlaw was dieing and thought he had a lot of money.
My husband took care of his brother with ALS for 2 yrs and left everything to... Read more »
I’m not sure what you are asking, but it sounds like you need a lawyer to review and file a demurrer. If the estate has no money and no claim can be made for fraudulent transfer, I think the case is likely over. Negotiating pro se is a waste of time.
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