It depends on the type of bankruptcy and the title to the real property. For the most part, a bankruptcy trustee steps into the shoes of the debtor, a creditor of the debtor, or a good faith buyer of property, and can exercise those rights. The strong-arm powers of a trustee allows a trustee to...Read more »
My equipment is stored in a family friends shed his grandfather will not let him get it out it is locked, his grandfather just went into a retirement home. Legally how can I get my personal property from this friends grandfathers shed
I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes... Read more »
Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with...Read more »
This was a murder suicide. I understand slayer deemed to have died first in these cases and victims family becomes heirs to everything. What happens to skaters debt, and who pays slayers funeral expenses?
I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... Read more »
My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?
Most of the final decrees I have seen now remand all matters concerning child custody, visitation and support to the appropriate Juvenile and Domestic Relations District Court. A parent should check the final decrees and orders in their cases to determine the appropriate court in which to file any...Read more »
There are also items from my childhood and property I am interested to divide up such as china, old coins, etc. My brother is hostile , we do not speak to one another. Though his is girlfriend, I am told he is stating "off limits "to his home and contents. What recourse do I have? If he... Read more »
A will typically might contain specific bequests of personal property, or reference to a list that may or may not be binding on the executor, specific devises of real property, and a residuary clause, which transfers all the rest of the estate to particular beneficiaries. Your question does not...Read more »
The account was Her money, his name on it mainly to help her when she was ill. Account =$40,000. Will this money be included in the estate to be distributed to her children? Does he have ability to claim this as his own? Thank you.
There is no clear answer to your question without knowing additional facts.
Under Virginia Code Section 64.2-620, certain transfers upon death accounts are nontestamentary, meaning they are not part of the probate estate and pass outside the will. This includes payable on death (POD) bank...Read more »
If we can't just say something along the lines of: "everything is divided the way we want, we are and will remain happy with this agreement." would a judge just throw that out when it came time to file the divorce? For context, currently she is a student with no income and upon... Read more »
A lawyer cannot represent both parties in preparing a separation agreement. Either spouse can agree to separate, live separate lives as if unmarried, and waive or give up their rights against the other in a written separation agreement. The court will look out for the rights of minor children,...Read more »
In a divorce in Virginia, an award for distribution of part of an ERISA retirement plan should be evidenced by a separate Qualified Domestic Relations Order, or, if not an ERISA plan, by a Domestic Relations Order. The QDRO must be approved by the plan administrator, who then separates a portion...Read more »
If we think the right thing to do is sell the house and divide the sale money, can we put up the house on sale after signing the separation agreement? However, if we decide to do one spouse buyout, does the price of buyout will be determined on the day of divorce?
With the cooperation of his or her spouse, a married person can sell his or her house whenever he or she chooses to do so. If the sale is part of the dissolution of the marriage, it would usually be to the advantage of that spouse to have a comprehensive written separation agreement addressing all...Read more »
Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... Read more »
A parent has a legal obligation to support his or her minor children until age 18, or until 19 if the child is still living in the home of the custodial parent and has not yet graduated high school. A parent has no legal obligation to support an adult child above age 18 or 19 unless he or she...Read more »
A spouse is not liable to third parties for his or her spouse's debts by virtue of the marriage with two exceptions, emergency medical care and necessaries. Neither should apply when the debts were incurred after the spouses had separated.
There's 233,000 Acrea of land owned by family name.The farm has been owned and manned by my family for over 100 years .(with whom I've never met and by blood I am related)Is there any rights I have to this farm?
Dower and curtesy were abolished in Virginia by statute effective January 1, 1991. Rights vested before that date may still be enforceable. Dower was the right of a widow to an interest in her deceased husband's land, usually a life estate or a third of the value of the property if she...Read more »
Either party in a Virginia divorce may file a motion to amend the grounds of divorce from a fault-based divorce or from a divorce from bed and board to a no fault divorce from the bond of matrimony when the grounds for such a divorce exist, without first obtaining leave of court to file an amended...Read more »
I would like to know what course of action I have to make sure that she doesn’t get like 50% of our joint marital property while also having full inheritance of her parents bank cash. Can that nomination be used to help reduce our martial property distribution?
There are several issues to be addressed in your question. First of all, there is no presumptive 50-50% split of marital property in equitable distribution in Virginia. In fact, in published opinions, the Court of Appeals has repeatedly corrected a number of lawyers and trial judges who believe...Read more »
A person may die testate, with a will, or intestate, without a will. Whether to probate an estate is an important threshold issue. In some instances, it is advantageous to probate an estate or will. In some other instances, it is not necessary, or the costs, inconvenience and liability outweigh...Read more »
In my father's will he has written, verbatum; "Pursuant to Section 64.2-400 of the Code of Virginia, as amended, I may leave a signed writing indicating certain specific bequests or certain items of my tangible personal property that I direct to be distributed to the persons specified... Read more »
Virginia Code Section 64.2-400 refers to a separate list of bequests that will be treated as if they were set forth in the will. The separate writing need not qualify as a will itself. This way, the testator may draw up and change a list that should be honored by the executor or personal...Read more »
Over her affairs. My son and I along with my mother’s youngest son were living in the home at the time she passed. The youngest son is not working and I have been paying all the bills and taking care of all the maintenance of the home. He has had opportunities to work and not gone. Can I legally... Read more »
If a Virginia resident dies intestate, without a will, his or her real property "drops like a rock" into the names of the heirs as owners. A real estate affidavit may be filed to give public notice of those owners in coparcenary, now tenants in common. Co-owners of property have equal...Read more »
Many banks have trust departments. Some folks pick banks as their trustee, guardian or attorney-in-fact because the trust departments have skilled, knowledgeable, full-time, professionals who understand their fiduciary duties and all the reporting requirements. Money, and money management, can...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.