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.

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.

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... View 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... View More

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... View 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,... View 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... View More

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... View 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... View 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.

A spouse will remain liable on any joint... View More

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... View 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... View More

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... View 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... View 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... View 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... View 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... View More

If a Virginia resident dies intestate, without a will, and without a trust, his or her real property not title in survivorship, and the surplus of personal property, will pass according to the course of descents or laws of intestate succession. If that resident has no surviving spouse, no... View More

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

Title does not determine the classification of property in equitable distribution in Virginia, but it may create presumptions. Real property owned by a spouse in his or her sole name prior to marriage would be presumed to be separate property. A judge may find the property to be hybrid to the... View More