Get free answers to your Estate Planning legal questions from lawyers in your area.
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 
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 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
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
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 31, 2024
Beneficiaries must hire a VA attorney to sue the Trustees for Breach of Fiduciary Duty, Conversion, Accounting and Breaching the applicable Statutes. Venue will probably be where one of the Trustees resides, unless the Trust has a jurisdiction term. SOL will probably shield the oldest years of... 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.
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.
answered on Apr 28, 2024
Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.
This forum is designed to give you a quick... 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.
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.
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
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More
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
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answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
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
In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More
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
My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak... View More
answered on Feb 28, 2024
Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping... View More
My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More
answered on Jan 22, 2024
Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More
I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.
Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?
I also have specific examples of legal... View More
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answered on Dec 10, 2023
Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.
At the same time, it is common for some entities in the real estate world, especially lenders,... 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
Is a living trust needed?
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
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.
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.
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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
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