I currently have guardianship and conservatorship over my Aunt. She is elderly and in a nursing home with hospice care. Hospice has asked me to start preparing for her funeral arrangements. She has a living will that will leave everything to myself and my brother. Is there a legal way I am supposed... Read more »
I am friend to the family of a deceased public figure. The family gifted me items that belonged to the deceased. Most specifically I want to know if the family needs to for any reason document the gifting (other than for any tax purposes) as having come from the estate.
My father passed recently and we have the estate process going with my sister as executor. His bank account has enough to cover what we paid in funeral costs but there is 1 outstanding credit card debt so I was hoping funeral reimbursement superceded that.
Section 64.2-528 of the Code of Virginia sets out the order in which debts are to be paid when assets in the personal representative's possession are not sufficient to pay all debts and demands. This is known as an insolvent estate. Funeral expenses are third priority, after costs and...Read more »
My mother died and had three life insurance policy’s. I was the sole beneficiary for all but one. The last one states it goes to the estatee, nobody was named. Who will that policy go to? Will it split between all children or will we have to go to court for one person to get it?
A life insurance policy payable to the estate should be deposited in the estate account. The personal representative of the estate should have opened an estate bank account and obtained a taxpayer identification number for the estate. The personal representative must qualify through an...Read more »
Have you asked your siblings or (step-)mother or other relatives if there is a Will or someone is filing probate? Did he have assets, and should you file as Administrator? A consult with a lawyer discussing your situation might be helpful, and, if that lawyer opens the estate, you’ll be repaid...Read more »
My mother (and father) are deceased, and my brothers and I rent her home in Virginia, using a property manager there who rents and manages the care of the house on my behalf (I live in Washington state). From the funds I collect monthly from the rental, it all goes into an account(s) from which I... Read more »
There are often opportunities for tax savings as well as better planning in this sort of setting, but much depends on what the trust says. I see you are across the border in York, PA. I can refer you to someone, but you need a Pennsylvania admitted trusts and estates lawyer.
If a fiduciary mis-handles an estate, then having them pay improperly handled money and property is technically called a 'surcharge' and is suing on the bond. That statute is ten years - see Virginia Code 8.01-245, here: https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-245/.
You might want a consultation with a Virginia lawyer to review the matter, but if the house was owned by dad and step-mom by entireties, and dad died first, the house belonged solely to step-mom when she died. I would think in a second marriage, the parties would title their home better, use a...Read more »
I want to divorce my husband. He refuses to establish a separation date, so I can’t do a no fault divorce. We live in my fathers house, it’s paid off, and will come to me upon his death through inheritance. There is no established rental agreement. I believe my husbands plan is to wait until he... Read more »
A Virginia resident can file for a divorce from bed and board immediately, based on either abandonment and desertion or cruelty and reasonable apprehension of bodily harm. Virginia recognizes contructive desertion, which is essentially a desertion of the marital relationship while the parties...Read more »
Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no...Read more »
My partner and I have moved back to the Charlottesville area to provider assist with his grandmothers care. It is the hope of my partner and his family that his grandmother can qualify for Medicaid, once she has Medicaid, she can be moved into an assisted living facility paid for by Medicaid. The... Read more »
It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.
It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.
The phrasing of your question is a bit confusing. An estate does not usually have a trustee, the personal representative of an estate is either an executor or an administrator. It is possible for a pour over will to automatically transfer assets into an existing trust, such that the trustee of...Read more »
The wife is not liable for credit card debt she did not contract to pay by being on the card or using the card. She may be liable if the charges were for something the law calls necessaries, like medical care, food, clothing, and other needs of her spouse, but that is liability for the necessary...Read more »
Assets include property, bank accounts, stocks, mutual funds and vehicles. There is no debt whatsoever. After fathers death, my mother had all assets, except vehicles, changed to her name with a TOD to my 2 siblings and me. Property deeds were also changed to include a TOD. Question 1- when she... Read more »
My father in law passed in 2013. His home and belongings stayed empty for 2 years before my husband, our young children and me bought out his siblings for the home. Before us moving in, the siblings and husband, split up their fathers belongings. My husband passed away in 2020 and the deed to our... Read more »
As I understand the facts, your father-in-law passed in 2013, and the personalty in the estate was divided among the heirs and the estate closed. Around 2015, you and your husband bought the house and its contents, and they belonged to him or both of you. Your husband passed in 2020, and now his...Read more »
Generally speaking, a house that has a mortgage on it can still be transferred upon the owner's death. Most people use a will or a trust to do this, but it does matter which type of trust is used. For example, if someone attempts to leave their house to another person and retitle it into the...Read more »
My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »
Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.