My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... Read more »
answered on Aug 14, 2022
Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »
But at the same time we are legally married in the us
answered on Aug 11, 2022
The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »
2018 my wife and I purchased a home in Virginia (VA Loan). 2019 we separated and I refinance the home with her approval. She signed a quitclaim deed notarize to remove herself from responsibility from the home (filed at the city clerk office). She also was not on the new refinance loan. I then... Read more »
2018 my wife and I purchased a home in Virginia (VA Loan). 2019 we separated and I refinance the home with her approval. She sign a quitclaim deed notarize to remove herself from responsibility from the home. She also was not on the new refinance loan. I then again refinance in 2021 for a better... Read more »
I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... Read more »
Court order for support was filed in VA. It stated I would pay the mother directly. I did so to cover arrears and following year in full with one check. The mother, against the court order, opened a case with DCSE and claimed she was not paid. The case is still open but I have continued to pay a... Read more »
My mother has dementia, and she just married the wrong person. This man has decided to give up, moved me in with them to take care of her, told me he's not spending any more money and that I need to get a power of attorney over her.
One would think that would be his responsibility. Am... Read more »
answered on Jun 2, 2022
A principal must have the capacity to contract to give a power to an attorney-in-fact. That generally requires understand the nature and consequences of the legal act. If a principal lacks capacity or is incompetent, the proper arrangement is to have a guardian or conservator appointed for the... Read more »
answered on May 26, 2022
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 father died without a WILL and his wife asked me and 5 other siblings to just sign a document that would release any assets that he may have had. She indicated that the document didn't have anything to do with us. When we asked to see what items we were waiving, she said that it didn't... Read more »
answered on May 20, 2022
Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor... Read more »
Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.
answered on May 4, 2022
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... Read more »
I'm in Northern VA, it's been a challenge to find someone who can competently evaluate parental alienation.
answered on Apr 11, 2022
That is called a custody evaluation. Child psychologists who offer those usually advertise themselves as custody evaluators and expert witnesses. In the Richmond area, there a few who do most of them. When I have called some that are not available, they will usually recommend others who might be... Read more »
Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... Read more »
answered on Apr 10, 2022
Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will... 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 »
answered on Apr 4, 2022
You are asking a very complex question on a short answer forum and mis-understand some of Medicaid rules. Aunt may or may not be wrong - there are several ways this can be handled.
You need an Elder Law Attorney to advise you, and Charlottesville has several very good ones who are... Read more »
He has been in jail for a week and a half and is trying to come back here and I don't want him here. I don't know when he is getting out because he is waiting for a bond hearing. He has not recently threatened me for me to get a protective order. I plan on filing for separation next... Read more »
answered on Mar 30, 2022
I have had clients change the locks after a spouse leaves the marital residence with the intention of deserting and abandoning the marital relationship. The other spouse usually complains but relents. Either spouse can file for divorce and request exclusive possession of the marital residence for... Read more »
My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what... Read more »
answered on Mar 30, 2022
The answer to your question depends on the provisions of the testamentary trust. These trusts sometimes are set up as spendthrift or discretionary trusts. This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from... Read more »
My 71 yr old brother was diagnosed with a brain tumor in January of this year. Humana Advantage Medicare denied his continued care at the rehab center as it reported that he was making progress (walking 20 feet with someone holding onto him is not progress). He lived alone & cannot live on... Read more »
answered on Mar 10, 2022
Short answer - yes, you can be appointed assuming your brother in law is not capable of granting a power of attorney. And no, you won't be financially responsible for his debts provided you ALWAYS say you're acting as guardian (or conservator.
BUT YOU NEED TO CONSULT A LAWYER.... Read more »
What do we do if it's not in her name and only her deceased husbands name? There is one credit card that she is a joint user for. We have gotten death certificates so far but nothing else.
answered on Feb 10, 2022
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 »
In the midst of divorce/custody case. Mother elected to not put children on her employer provided health insurance and instead has them on Medicaid. I am now receiving benefits through my employer and as of 01/01/2022 have enrolled myself and two children in this health care plan. Can mother refuse... Read more »
answered on Jan 4, 2022
Generally speaking, a court will prefer that a child has high-quality insurance if the parents can afford it. For that reason, health insurance premium payments for children are taken into consideration when calculating child support.
You don't mention whether there is a court order... Read more »
answered on Dec 22, 2021
It depends where it happens and where you reside. In general, under principles of comity, Virginia recognizes a marriage as valid if it was valid in the place where celebrated, unless it offends the strong public policy of the Commonwealth. In Virginia, a bigamous marriage is void. Bigamy is a... Read more »
If you want to change your full name in VA and get married, do you need to get the full name changed first or can it be done the same time you change ur last name for marriage
answered on Dec 19, 2021
You can do that when you marry. (You could also do so in advance, but it's more work, costs more, and isn't necessary.)
As soon as you are married, the licensed marriage celebrant files the marriage certificate. You then request certified copies of the marriage certificate from... Read more »
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