My father passed away December 2017 with a will. It names my brother and I (only living relatives) as co-executors and heir to his estate. We cannot find the original and the courts will not probate the will without it. We can file intestate but that makes us administrators, not executors. What is... View More
As administrators several things are different. 1) you will have to post a bond with the court which isn't cheap. 2) you will not have the ability to sell the real estate until probate is completely closed out barring a request of permission with the court. However, there may be a way around...View More
My grandmother in Florida left my dad 2/3 and me 1/3 of her estate. My father died intestate in Virginia before my grandmothers estate was settled. Does his estate still receive the 2/3 or will that be split 1/3 to his second wife and 2/3 to me his daughter.
You should contact a probate attorney to help you with this. I'd be happy to help. His estate will most likely receive the 2/3 depending on how far apart he died from your grandmother. Depending on if your dad was married, how many kids he had, and whether it was a first or second marriage...View More
I went to retrieve the truck and the grandmother would not let me take it. The grandmother also changed the locks to the house. They do not have any rights to the property. What course of action should I take. We lived in Virginia, the house was in South Carolina, and he was prepping the house to... View More
I can't really answer without knowing that states laws but when someone dies without a will they are said to have died intestate. At that point state law dictates in Virginia that everything they have goes to their spouse if it is the same person who they had all their kids with.
I live in Hampton, Va. In July I was late for rent and it was paid before the end of August. Yet on August 16th my landlord went to court and was granted an Unlawful Detainer but no law enforcer was contacted for eviction. August rent was paid late again but my landlord did not enter a request for... View More
I listed my dog on my application with his breed and weight. He was even there for the walk through and apartment tour. I got a soft copy of my lease via email and there was no mention of pet deposit or rent listed. A month later, I sign my lease in the leasing office, pay the prorated rent and... View More
If it is in fact nowhere on the lease and they never told you of it they cannot charge you for it. You may want to have a lawyer write a quick letter on legal letterhead to scare them if they don't back down
My stepmom took all my fathers thing house boats cars small boats there is an anunity account my daddy received for the wrongful death of my grandparents she I want that tonot sure my rights she won't provide all tiles or proof of sale of items
The debts are related to the period prior to her 65th birthday, when she became covered by Medicare The amounts collectively total in excess of $20K. My question is: As her widower am I responsible for the debt? I'm a disabled veteran age 73, at death my wife was 71. I couldn't possibly... View More
Dad died November 26, 2016, Step-Mother died February 9, 2017. Half sister claimed she could find no wills for either of them, then found unsigned will from her mother and now says she has a "found " a signed will. Would me (living in Virginia) filing probate for my dad stop the probate... View More
Sales contract asserted to be fraudulent on several levels was signed by an LLC that that had been canceled under Va. Law five months earlier. Can a plaintiff assert that the contract as written was invalid due to the status of the LLC and as such void the contract or hold parts invalid
I have a contract with a DJ and he is advising he can not attend the event, because his wife booked a trip to the Bahamas he didn't know about for the same day, and gets to keep the deposit because it was an event beyond his control.
Tenant notified us they would be paying their rent late on the 12th. Today is the 14th and we have not received payment. They are not responding to calls or emails. At what point should we move to have them pay or quit?
Whenever they are late on their payments you can send a pay or quit and then they have 5 days to pay from that point forward. After that you should file an unlawful detainer action to have them evicted and to recoup damages.
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