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Virginia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Virginia on
Q: Our house is in my husbands name. He passes away. Do I have to go through probate in virgina?

Is a living trust needed?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 14, 2024

You should not have to go through probate in the typical fashion because the real estate should pass directly to the heirs at law pursuant the intestate laws of Virginia. I highly recommend you contact an attorney to understand your rights and the process.

1 Answer | Asked in Estate Planning and Elder Law for Virginia on
Q: Husband has named beneficiaries for all his investment accounts and our cars are in both of our names.

The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Oct 21, 2024

With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: My husband has power of attorney over his uncle whom is in a nursing home, he is mentally fine but physically not.

His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More

Richard Sternberg
Richard Sternberg
answered on Oct 7, 2024

The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: I am needing to get my mother's will prorated and the deed to her house put in my name. What kind of Lawyer do I need?

I do not live in the area where the will is needing to be probated.

Anthony M. Avery
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answered on Sep 29, 2024

Will has no effect unless filed for Probate, so hire a competent VA attorney.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: if there 5 children and three are dead when the father,mother dies, does the children of the dead heirship rights
Anthony M. Avery
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answered on Sep 26, 2024

Yes... Hire a VA attorney to search the title and determine heirship.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Is it possible to use joint ownership of accounts to avoid probate and transfer money to a non-joint owner heir?

Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).

Joint Owner 2 and Joint Owner 3 own Account B.

JO1 dies. JO2 has access to all the funds in Account A without going through probate.

JO2 can move funds from Account A into Account B. JO3 now has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 12, 2024

Yes.

1 Answer | Asked in Estate Planning for Virginia on
Q: My grandfather passed away and in his will he left his assests to my uncle. My question is my uncle just passed

I am the only blood relation to my grandfather he lived in the state of PA. I want to make sure things are settled. how do I get appointed executor of his estate?

Anthony M. Avery
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answered on Sep 10, 2024

Hire a PA attorney to file Probate. Uncle's Heirs and Next of Kin may get the assets minus you and your attorney's fees.

1 Answer | Asked in Estate Planning for Virginia on
Q: If someone has a per stirpes will with their 4 children as beneficiaries, can their now adult grandchildren be added?

As some grandchildren are only children, we’d like the per stirpes will to be equally divided amongst the 4 children and the 10 grandchildren. Is this possible?

Anthony M. Avery
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answered on Jul 26, 2024

Hire a VA attorney to draft a new Will. You do not want to execute a Codicil as it generates a contest or at least ambiguities.

1 Answer | Asked in Estate Planning, Civil Rights and Government Contracts for Virginia on
Q: At age 16: Should I start thinking about creating a Power of Attorney and a Living Will for when I turn 18 years of age?

I have done much reading on these two documents.

1. The Power of Attorney grants authority and control of my personal affairs during my incapacity, if durable and may control any affairs that I grant a Power of Attorney to handle.

2. A Living Will is essentially my health orders... View More

James L. Arrasmith
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answered on Jul 27, 2024

It's wise to start thinking about these important documents. Preparing a Power of Attorney and a Living Will when you turn 18 can give you peace of mind and ensure your wishes are respected in case of an emergency.

A Power of Attorney lets you choose someone you trust to manage your...
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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Virginia on
Q: What kind of lawyer could handle a dispute over matters of a trust dispute between co-trustees?

My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are... View More

2 Answers | Asked in Estate Planning for Virginia on
Q: How can I get remainder of trust from trustee who never gave annual Acctg but did give tax returns?

5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.

1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.

Dominic Paul Lascara
Dominic Paul Lascara
answered on May 30, 2024

It seems odd that the Trustee would give you copies of tax return, but not provide to the beneficiaries annual statements of receipts and disbursements. If you have a copy of the trust document, please review the sections that deal with the obligations of the Trustee to account to the... View More

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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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1 Answer | Asked in Estate Planning for Virginia on
Q: Can an executor refuse to speak with a beneficiary with their own attorney?

My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak... View More

Richard Sternberg
Richard Sternberg
answered on Feb 28, 2024

Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping... View More

2 Answers | Asked in Estate Planning and Family Law for Virginia on
Q: What are my legal options?

My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More

Richard Sternberg
Richard Sternberg
answered on Jan 22, 2024

Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More

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1 Answer | Asked in Estate Planning for Virginia on
Q: I just signed a receipt of distribution for an estate in Virginia. How long till I receive payment?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Jan 3, 2024

You should expect the payment with the receipt. The receipt is normally provided to confirm that you have received the distribution. You should contact the fiduciary and question this.

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Who is responsible for writing the notarial blocks on real estate and estate planning documents?

I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.

Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?

I also have specific examples of legal... View More

Nina Whitehurst
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answered on Dec 10, 2023

Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.

At the same time, it is common for some entities in the real estate world, especially lenders,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: In Virginia, is there a statue of limitations on a real estate contract developed by a deceased person

My mother established a real estate contract in 2/15/2023 signed by a lawyer, a real estate agent herself and the executor of the estate. She passed away 4/22/2023. The lawyer did not issue the deeds for the home or land to complete the contract. Is the contract still valid?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 11, 2023

Generally, the stature of limitations for all written contracts is five years. However, with respect to a real estate contract the expiration of the settlement date could result in a termination of that contract. You should also be aware that the obligations of the parties could inure to their... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Do proceeds from real estate go into an estate account or directly to beneficiaries/next of kin?

My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 5, 2023

Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More

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