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No house or vehicles. Just furniture, life insurance worth $60,000, bank account approx $3,000, liabilities approx $3,000. I am one of three executors in South Africa, Ireland, and the US respectively. One of us will be travelling to the US at whenever seems the best time.
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answered on Nov 1, 2024
My condolences on the passing of your friend or family member. One of the primary purposes of creating a revocable living trust is that the trustmaker can dispose of assets upon his/her death and avoid probate. In order to successfully by pass probate, (1) the trust must have been valid and (2)... 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
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
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
uncle is saying all of my deceased dad’s belongings are his
answered on Aug 27, 2024
You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More
My mother passed away 10 years ago with no will. She had married a man with children and together they had brought a home. The deed of trust is in both names and listed as tenants by the entireties with the right of survivorship. The husband is now dead. Are ONLY his children entitled to the... View More
answered on Sep 4, 2024
When a Virginia resident dies intestate - without a will - property may pass through nonprobate transfers, such as survivorship, POD account beneficiaries, TOD account beneficiaries, retirement plan beneficiaries, or other nonprobate measures, or according to the law of intestacy in Virginia, which... View More
answered on Jul 11, 2024
You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.
Dementia. Her stepdaughter and stepdaughter’s husband secured an online will and filled it out for her, then had her sign it. They also secured two witnesses who both testified to only seeing her once a year. The will was not signed in the presence of the testator. Two different locations are... View More
answered on Jun 19, 2024
Sounds like you need to consult with a West Virginia lawyer.
Seller bought the car and I’m trying to give them the title without meeting them in person
answered on May 4, 2024
A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck
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
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