Mom had dementia. she had the original of her will but then lost it. My sister who is her executrix has a certified copy of the will but is told she can't use that to probate. Since the original is lost, can her certified copy be used?
Yes, a copy of a will can be established through a proceeding in the appropriate Circuit Court in Virginia to be the last will and testament of a decedent. A probate clerk may not accept a copy, however, for the cheaper and faster ex parte probate process available. You should consult with an... Read more »
My significant other says he will call law enforcement and say I kidnapped my own son if I take him to Florida to visit with my family. We are not married, can I leagally take my son and unborn child to florida without his permission?
Unless and until there is a court order, both biological parents have equal rights to and responsibilities for their child(ren). Either could travel with the child for a family visit within the U.S. If there is a court order in place, taking against the terms of the order might be considered... Read more »
payments to me by check, he stopped paying. I continued to pay my share and his share. Can I sue him for the amount he was supposed to pay, but did not? Thanks, Cathleen
Thank you for your reply. I don't understand the cited text from the statute. If my ex and I agreed to pay for our... Read more »
Parents in Virginia have no legal obligation to support their capable, able-bodied adult children. However, the parents of a child may create a binding legal obligation to pay for their child's college education. Virginia Code Section 20-155 validates marital agreements provided they are in... Read more »
bankruptcy would include credit cards and medical bills only
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
Specific personal property or its fair market value can be recovered in Virginia by a Warrant in Detinue filed in the General District Court or Circuit Court, depending on the value of the property.
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?
The Virginia slayer statute does not address the slayer's debts or funeral expenses.
When a person dies, the debts become debts of the estate. Funeral expenses are normally paid by the next of kin.
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 »
The courts are not closed. I have a client who qualified locally by videoconference. You just need to get in touch with the probate clerk and schedule an appointment.
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 »
Awarded retirement back pay
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 »
And was with freedom agency. Am I responsible for paying it ,no will, she did buy my son a truck in her name and the house is in both mine and her name
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.
A spouse will remain liable on any joint... Read more »
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 »
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