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Questions Answered by Dominic Paul Lascara
1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Husband has named beneficiaries for all his investment accounts and our cars are in both of our names.

The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Oct 21, 2024

With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Is it possible to use joint ownership of accounts to avoid probate and transfer money to a non-joint owner heir?

Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).

Joint Owner 2 and Joint Owner 3 own Account B.

JO1 dies. JO2 has access to all the funds in Account A without going through probate.

JO2 can move funds from Account A into Account B. JO3 now has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 12, 2024

Yes.

1 Answer | Asked in Business Formation for Virginia on
Q: business license vs llc and DBA

I am currently a hobby potter and will be selling at local vendor events and art shows. I know I will need a local peddlers license (live in VA) from my city to do so. I have a branded name other than my own that I will use on signage and materials for this portion (eg. Fun Designs by Me).... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 2, 2024

SInce it appears that you are not operating your "potter" business under your LLC, but as a sole proprietorship, you will need to get your business license in your individual name and as the trade name you use.

1 Answer | Asked in Probate for Virginia on
Q: Probate case (dying intestate) only 1 living heir (sibling). Are nieces & nephews of deceased siblings eligible?

Judge requests that I (only living heir) purchase a probate bond costing $8-10K. Judge said bond was needed to protect the other heirs in case I ran off with the shares of stock. However, it appears that Missouri law DOES NOT RECOGNIZE nieces & nephews as valid next of kin unless there are... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 8, 2024

If the level of the heirs at law gets to siblings, then nieces and nephews of deceased siblings (and even great nieces and nephews, if applicable), become heirs at law.

2 Answers | Asked in Estate Planning and Family Law for Virginia on
Q: What are my legal options?

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

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jan 22, 2024

I am not sure how to reply because there was no question asked. But, based on the information you provided, it is important for you to seek legal advice. Much more information is needed to fully address all of the issues raised in your email.

Thanks,

Dominic P. Lascara

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1 Answer | Asked in Estate Planning for Virginia on
Q: I just signed a receipt of distribution for an estate in Virginia. How long till I receive payment?
Dominic Paul Lascara
Dominic Paul Lascara
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: In Virginia, is there a statue of limitations on a real estate contract developed by a deceased person

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?

Dominic Paul Lascara
Dominic Paul Lascara
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

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: What can my step dad do to receive his retirement money?

My step dad retired in March 2023 from USPS and was told he would be paid his retirement within 6 months. It’s been 7 months now and there is no positive updates. He worked for them and put in his years for 30 years and he is expected to sit around and not enjoy his retirement? Luckily, he is... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 9, 2023

At this point, I can only recommend that you contract a labor law attorney. This is an attorney that handles employer and employee issues. Good luck!

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 1, 2023

You ask a great question and much more information in needed to answer it thoroughly. Without having to resorts to the Courts to dispossess your occupant, the best route is to work it out with your occupant in a amicable manner.

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