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 
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
Judge requests that I (only living heir) purchase a probate bond costing $8-10K. Judge said bond was needed to protect the other heirs in case I ran off with the shares of stock. However, it appears that Missouri law DOES NOT RECOGNIZE nieces & nephews as valid next of kin unless there are... View More
answered on Mar 8, 2024
If the level of the heirs at law gets to siblings, then nieces and nephews of deceased siblings (and even great nieces and nephews, if applicable), become heirs at law.
A man and a women get married, joining each other with 1 child each from a previous marriage. Together they have 1 child together. Over 30 years pass and the mother dies suddenly without a will. Father gets everything. Father remarries someone from a foreign country, she has two adult children and... View More
answered on Mar 6, 2024
First of all, if the first wife in your questions dies without a will in Virginia, the laws of intestate succession govern the distribution of her probate assets. In this case, the husband would receive one-third (not including potential spousal claims) and all of the children of the wife would... View More
My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More
answered on Feb 8, 2024
With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.
I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?
answered on Jan 24, 2024
You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor.... View More
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answered on Jan 19, 2024
In Virginia, if your deceased spouse owed taxes to the state and you did not file joint taxes for the year in question, you are generally not personally responsible for the tax debt. However, the deceased person's estate may be responsible for settling any outstanding tax obligations. The... View More
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
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
Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action
answered on Aug 2, 2023
AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so... View More
The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.
Additionally, the Residual Estate clause states that the property,... View More
answered on Jun 20, 2023
Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... View More
Father has left sister and I POA, we can act jointly or separately. Issue my sister aren't seeing eye to eye on is my father's 3rd largest asset (750K) is his home that is actually a vacation home. Lived there full time before he got sick. House is deteriorating, needs at least 35k in... View More
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answered on May 3, 2023
Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.
answered on Apr 28, 2023
It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More
the child had no desire to be part of fathers life and he has been married for 13 years to his present wife & she has helped in the marriage
finances. The father has passed & his wife is his beneficiary.
answered on Apr 16, 2023
Co-sanguinity and marriage determine legal rights in an intestate decedent's estate. It is not necessary for a blood relative or cohabitating spouse to have had a close relationship with the decedent, except that a spouse who deserted or abandoned the decedent during his or her life loses... View More
answered on Feb 8, 2023
This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying... View More
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... View More
answered on Nov 12, 2022
In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.
There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation... View More
My sister sold his house in Chicago and moved him to Virginia three months before he passed away. I checked the Prince William County Probate office and a Will has not been filed. What Kind of attorney should I look for? I need an Virginia attorney.
answered on Nov 3, 2022
Attorneys who help people with property of an estate of a decedent, typically identify themselves by one or more of the following practice areas: probate, estate administration, elder law, or wills and estate planning. Usually, the last residence of the decedent is the proper place or... View More
Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More
answered on Oct 1, 2022
There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More
My fiancée of whom we shared a child together passed away unexpectedly from a stroke. And of course it’s a case of I ntestate succession. Vital statistics customer service told me that since our daughter is a minor and I am not next of kin I can’t obtain a death certificate. Is this true??... View More
answered on Sep 14, 2022
Interesting issue. His daughter plainly has standing, and you are surely eligible to be her next friend. But, let's start simpler by approaching this through the need you have. If he has an estate, are his parents filing it? You don't need the death certificate if they get it unless... View More
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