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In Virginia, what can I do if a health care provider refuses to accept my advance medical directive, claiming it needs notarization, even though other providers have accepted it? I am trying to regain access to my treatment records and have already contacted the health care provider about the issue.
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answered on Feb 23, 2025
You do not need an advance directive to access your own medical records. Put the AD away and just ask for copies of your records.
My mother set up a gift deed in my name for her house before she passed away. My brother is named as the executor of her estate. We do not get along well. I want to know if there is any way he could change the deed or take the house away from me after her death, even though the gift deed was made... View More
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answered on Feb 17, 2025
If the Deed was duly recorded and your mother had the requisite mental acuity to execute the Deed, you should be fine. However, it would help to know the exact type of Deed that was recorded and when it was recorded. For instance, if it was a Revocable of Death Deed and did not get recorded prior... View More
We need an affordable attorney in the King William County area of VA 23069
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answered on Feb 10, 2025
If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More
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answered on Dec 30, 2024
The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More
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answered on Dec 16, 2024
There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More
1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.
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answered on Dec 4, 2024
Your question is not clear; I see two possibilities.
1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get... View More
Is a living trust needed?
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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.
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
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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.
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
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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
I do not live in the area where the will is needing to be probated.
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answered on Sep 29, 2024
Will has no effect unless filed for Probate, so hire a competent VA attorney.
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
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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
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answered on Sep 26, 2024
Yes... Hire a VA attorney to search the title and determine heirship.
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
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?
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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.
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?
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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.
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
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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... View More
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
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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
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.
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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
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.
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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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