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Questions Answered by Karen L. Rowell
1 Answer | Asked in Estate Planning, Tax Law and Elder Law for Virginia on
Q: My parents live with us and agreed to either pay on our remaining mortgage or pay us rent. What should they do?

This year my husband and I sold our house and bought another single-story house with the plan to move my parents in with us. My parents now live with us. They plan to sell their house that now sits empty. My parents have agreed to either give us money towards our remaining mortgage or pay us... Read more »

Karen L. Rowell
Karen L. Rowell answered on Jan 27, 2021

A lump sum would definitely raise red flags as a gift and would have to be justified, documented and argued. Reasonable rent is easy to justify and document. It would be good to have a written lease and have them pay you rent, you can always apply it toward extra principal payments on your... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: Co-executor in VA. One lives in Hong Kong & cannot travel due to covid and family. Can he sign rights to other co-ex?

We are co-trustees and co-executor. He is willing to provide any PoA required to avoid travel? We are siblings and have no disagreement and each are 50/50 benefactors.

Karen L. Rowell
Karen L. Rowell answered on Jan 26, 2021

He should be able to sign a waiver of qualification form and allow you to qualify without him unless the Will specifies that something different happen under the circumstances that he is not able or willing to serve.

3 Answers | Asked in Probate for Virginia on
Q: VIRGINIA. Son dies intestate. No administrator declared. Mom heir of succession. She dies in July with Will. Now what

My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »

Karen L. Rowell
Karen L. Rowell answered on Aug 15, 2019

Your fiance's estate would be administered as usual, except instead of his mother being his intestate heir it is now her estate since she survived him. His debts are his debts, they don't transfer to her estate. Once the debts of his estate have been paid and final distribution is made... Read more »

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1 Answer | Asked in Estate Planning for Virginia on
Q: I live in a. and my brother died without a will. I need to become personal representative to open an estate checking acc

Estate is less than100,000

Live in Va. brother died in Hawaii.

Karen L. Rowell
Karen L. Rowell answered on Mar 11, 2019

You will need to contact the Court Clerk in the jurisdiction in Hawaii where he died and go there to qualify on his estate. You will need a certified copy of his death certificate. You should be able to reimburse yourself out of the estate assets for expenses incurred in the administration of the... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: Can an executor of a will sell a house under his control for $1.00?

My brother-in-law was an abusive, substance-abusing man who was not involved in the first 20 years of his daughter’s life. Ten years ago, after being diagnosed with a terminal illness, he decided he wanted to be a ‘father’ to his daughter. He told his disabled daughter (unable to work due to... Read more »

Karen L. Rowell
Karen L. Rowell answered on Mar 11, 2019

To sell the house for less than it's value would be a breach of fiduciary duty. However, if the other beneficiaries disclaimed their shares it would pass to whoever would take if they had predeceased, which could result in a larger share, or perhaps even the entire interest, passing to the... Read more »

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: Can the court clerk decide to not appoint the executors as listed in the will and put all heirs on property deed?

We have one heir who probably won't sign papers for even distribution of property. Is there is an advantage here for co-executors to be appointed as listed in the will to avoid this one estranged heir and decide the outcome for the property?

Karen L. Rowell
Karen L. Rowell answered on Feb 25, 2019

The Clerk cannot refuse to qualify the Executors named in a Will admitted to probate if they meet the requirements for surety, but that does not answer your question regarding real property. The Executor doesn't automatically have authority over the real property. The Will acts as a deed to... Read more »

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