Assets include property, bank accounts, stocks, mutual funds and vehicles. There is no debt whatsoever. After fathers death, my mother had all assets, except vehicles, changed to her name with a TOD to my 2 siblings and me. Property deeds were also changed to include a TOD. Question 1- when she... Read more »
My father in law passed in 2013. His home and belongings stayed empty for 2 years before my husband, our young children and me bought out his siblings for the home. Before us moving in, the siblings and husband, split up their fathers belongings. My husband passed away in 2020 and the deed to our... Read more »
As I understand the facts, your father-in-law passed in 2013, and the personalty in the estate was divided among the heirs and the estate closed. Around 2015, you and your husband bought the house and its contents, and they belonged to him or both of you. Your husband passed in 2020, and now his...Read more »
Generally speaking, a house that has a mortgage on it can still be transferred upon the owner's death. Most people use a will or a trust to do this, but it does matter which type of trust is used. For example, if someone attempts to leave their house to another person and retitle it into the...Read more »
My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »
Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries...Read more »
My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... Read more »
We never lived together again. 10 years after we separated he had a heart attack, suffered brain damage, and had to be put in a home for 10 year. He recently passed away. All he has left is about $330K in his IRA. While incapacitated his mother created a will leaving all money to his sons and... Read more »
Property often transfers at death through nonprobate transfers, including survivorship on title, beneficiary designations on accounts, payable on death bank accounts (POD), and transfer on death investment accounts (TOD). Nevertheless, such transfers are still subject to legal requirements of...Read more »
My mother inherited two vacant lots when a friend passed away. They were sold recently in a tax sale. A lady from a Recovery company contacted me saying that they would get a third , I would get a third and my nephew's would get a third to split three ways from the tax sale. Now my mother... Read more »
If a Virginia resident dies intestate, without a will, the state essentially writes a will for that person - the law of intestate succession. Virginia's law of intestate succession appears in Chapter 2 of Title 64.2 of the Code of Virginia, specifically Sections 200 and 201 describe the...Read more »
allowed to have home placed in her name without losing her benefits? They reside in Va. There is currently a reverse mortgage on the home,but my mother has a large life insurance policy to pay they lean off. My sister has lived with my mother her entire life and has no other assets. I live in Ky... Read more »
Ownership of a home is not disqualifying, so that is not much of a concern. But if your sister is going to inherit anything else besides the home such as cash or life insurance proceeds or a car, etc., your mother would be doing your sister a huge favor by contacting an estate planning attorney to...Read more »
My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »
Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.
I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...Read more »
I have seen the terms use incorrectly before, so it is useful to have context, but the usual meaning go a primary beneficiary is the person, persons, or entities that are first in line to receive the proceeds upon the death of the grantor. A secondary or contingent beneficiary takes only if the...Read more »
Just died in the middle of the sale of the home. My mother in laws will states that if any of her children that do not have children their part goes back to the other children. Can my sister in law will her part of inherited land that was willed to her husband from his mother to her sister or does... Read more »
If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an...Read more »
The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is...Read more »
There are 2 properties in Puerto Rico in his name of which one shows his ex-wife listed. He divorced many years ago and to my knowledge there was a separation of their properties done. Where can we gain the knowledge of whether or not the property is indeed his ex wife's as well? Also, what... Read more »
It very much matters where your father was domiciled when he passed. You should consult counsel licensed in that state. If the only assets are Virginia real estate, you might avoid formal probate, but, in all likelihood, you'll need a probate in Virginia and an ancillary probate in Puerto...Read more »
I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.... Read more »
If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end,...Read more »
Will that directive be ignored and my fiance gains ownership as surviving owner? Or will the will override the title? I understand that I should have the two (title and will) in sync, but in the interim, what would happen upon my death?
The two should be in synch, because having them inconsistent can be used to confess and delay proceedings when everyone needs certainty and dispatch. The inconsistency can be used as evidence that your testamentary intent was uncertain or that you were confused. Unless you can be proven...Read more »
My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... Read more »
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