In Virginia, an attorney cannot ethically represent two clients who are in a conflict of interest. In that case, the attorney must withdraw from the representation of both clients.

As long as the loan continues to be paid timely, nothing happens. If it is not paid, the lender enforces against the living signer and tries to enforce against the deaf citizens-signer. Upon learning of the demise, they may proceed to file a claim in the probate estate.

I am sorry for your situation.

I always recommend consulting an attorney for an estate - depending on the estate we can save the family money and keep them from making mistakes in handling the estate. Consult a probate lawyer.

There's usually no hurry when someone passes... View More

I do not handle criminal law matters. Sorry.

It sounds like you need a lawyer to review the deed and the will. In Virginia law, title to real estate often passes immediately on death.

Every state in which I practice gives executors, administrators, and personal representatives powers to accomplish their objectives. If you don't know what those powers are or how to use them, you need to retain counsel. The estate can pay for that legal advice, so it isn't coming out of... View More

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answered on Feb 10, 2021

Most likely the deceased heir’s share will become part of the deceased heir’s estate. However, the only way to know for certain is to review the first decedent’s will.

The Will must be probated, and the court must appoint the personal representatives (executors/executrix in Virginia) before they have any power at all. If the bank account is not a probate asset. like an account in which a beneficiary is named or a joint account that was not created for the benefit... View More

The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.

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answered on Jan 10, 2021

It depends on how severe the beach is. If, for example, the breach amounts to theft or conversion then, yes, it is possible. Breach of fiduciary duty is first and foremost a civil offense, and there is typically no criminal liability for civil offenses, but there is some overlap between civil... View More

If the account had a joint tenant with right of survivorship that was not a Totten Trust or a POD or a designated beneficiary, then the funds pass to the designated beneficiary outside of probate. The executor has very little to do with it, and the bank should only require the beneficiary to... View More

I'd be happy to sell you a discounted one-hour consult, and we could do it by Zoom in these quarantine conditions, but why would you want to open a probate estate? If her assets were $8,000 -- assuming you could get $8,000 after it was moved off the rental property -- and her debts were... View More

Have you consulted an experienced lawyer? There are a lot of considerations that many people don't know, such as the answer to your question. At least once a month I save my clients a lot of money - a multiple of my consultation fee - because of those details.

That said, if you look... View More

I have no idea what you are asking. First, I think you are referring to the Commissioner of Accounts for your jurisdiction, but the executor or your father's estate would have been appointed by the Register of Wills, not the Commissioner of Accounts. If you did not petition to become the... View More

The type of lawyer you need is a probate lawyer who also does litigation. If you are representing the estate and the estate is in Virginia, you may use the estate's assets to pay the litigator as needed. You can find an attentive and talented lawyer by searching the Find a Lawyer function at... View More

I’m not sure what you are asking, but it sounds like you need a lawyer to review and file a demurrer. If the estate has no money and no claim can be made for fraudulent transfer, I think the case is likely over. Negotiating pro se is a waste of time.

It is impossible to answer a bare question such as you posted without any context - is the firm the executor of the estate or do they represent the executor? If so, then yes they can.

If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of... View More

The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... View More

The idea that she "lost it" is a problem. You need put the matter on before the court rather than the probate clerk and prove that your mother did not lose it for the purpose of destroying it. Even if she had dementia, she might have been lucid enough to lose it or destroy it... View More