Have you asked your siblings or (step-)mother or other relatives if there is a Will or someone is filing probate? Did he have assets, and should you file as Administrator? A consult with a lawyer discussing your situation might be helpful, and, if that lawyer opens the estate, you’ll be repaid...Read more »
My father died without a WILL and his wife asked me and 5 other siblings to just sign a document that would release any assets that he may have had. She indicated that the document didn't have anything to do with us. When we asked to see what items we were waiving, she said that it didn't... Read more »
Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor...Read more »
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges...Read more »
That is called a custody evaluation. Child psychologists who offer those usually advertise themselves as custody evaluators and expert witnesses. In the Richmond area, there a few who do most of them. When I have called some that are not available, they will usually recommend others who might be...Read more »
Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when... Read more »
Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will...Read more »
My partner and I have moved back to the Charlottesville area to provider assist with his grandmothers care. It is the hope of my partner and his family that his grandmother can qualify for Medicaid, once she has Medicaid, she can be moved into an assisted living facility paid for by Medicaid. The... Read more »
He has been in jail for a week and a half and is trying to come back here and I don't want him here. I don't know when he is getting out because he is waiting for a bond hearing. He has not recently threatened me for me to get a protective order. I plan on filing for separation next... Read more »
I have had clients change the locks after a spouse leaves the marital residence with the intention of deserting and abandoning the marital relationship. The other spouse usually complains but relents. Either spouse can file for divorce and request exclusive possession of the marital residence for...Read more »
My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what... Read more »
The answer to your question depends on the provisions of the testamentary trust. These trusts sometimes are set up as spendthrift or discretionary trusts. This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from...Read more »
My 71 yr old brother was diagnosed with a brain tumor in January of this year. Humana Advantage Medicare denied his continued care at the rehab center as it reported that he was making progress (walking 20 feet with someone holding onto him is not progress). He lived alone & cannot live on... Read more »
Short answer - yes, you can be appointed assuming your brother in law is not capable of granting a power of attorney. And no, you won't be financially responsible for his debts provided you ALWAYS say you're acting as guardian (or conservator.
The wife is not liable for credit card debt she did not contract to pay by being on the card or using the card. She may be liable if the charges were for something the law calls necessaries, like medical care, food, clothing, and other needs of her spouse, but that is liability for the necessary...Read more »
In the midst of divorce/custody case. Mother elected to not put children on her employer provided health insurance and instead has them on Medicaid. I am now receiving benefits through my employer and as of 01/01/2022 have enrolled myself and two children in this health care plan. Can mother refuse... Read more »
Generally speaking, a court will prefer that a child has high-quality insurance if the parents can afford it. For that reason, health insurance premium payments for children are taken into consideration when calculating child support.
You don't mention whether there is a court order...Read more »
It depends where it happens and where you reside. In general, under principles of comity, Virginia recognizes a marriage as valid if it was valid in the place where celebrated, unless it offends the strong public policy of the Commonwealth. In Virginia, a bigamous marriage is void. Bigamy is a...Read more »
I have a court ordered child support order which has been in effect since my son was 1 years old. His father abandoned him after losing the case and tired to jump back into his life at the age of 11. He claimed he would help out. Last year I put the 10 year old chip support order into action with... Read more »
It sounds like you should be able to enforce the original order and sue for the full amount of child support owed. If the court has not made any changes to the original order, then he will have to pay.
In order to fully answer your question, an attorney would need the specific details of...Read more »
My stepdad molests me and my mom doesn't believe me because she believes that I will just try and say anything to get rid of him. Little does she know that this is the reason I don't like him. I had suicidal thoughts at first, but then I found out about emancipation. I am financially... Read more »
I am so sorry to hear that you are experiencing something like this. If you don't think you can talk to your mom, then please talk to a trusted adult or the school counselor right away about this. In Virginia, you can also call this hotline to report abuse: (800) 552-7096.
Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... Read more »
Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to...Read more »
I cut off all contact with my toxic and mentally ill parents several years ago, but they have continued to stalk me. I am concerned about them possibly suing for visitation once they find out they have a grandchild.
What are the chances that the family court would force me to allow them to... Read more »
In Virginia, grandparents have no custody and visitation rights by virtue of the familial relationship. Grandparents are among the class of interested persons who can ask for a custody or visitation determination, but will not obtain any rights against the wishes of a biological parent who has not...Read more »
My wife and I are getting a divorce in VA, we have 2 kids, and we are both very high income earners. This is amicable, there's no fighting or hostility. We have agreed to joint custody. We both would like to have an agreement to split all costs 50/50, verses a set amount of child support. We... Read more »
Spouses can enter into enforceable written marital agreements in Virginia, also known as separation agreements, property settlement agreements, and agreements and stipulations when they address the incidents of separation and divorce. Ultimately, the parties cannot bind a judge by contract on the...Read more »
I got back with husband. After doing legal paternity test it is not my husbands. I would like the baby to have his fathers last name. We have a legal paternity test. How can I add the name ? I want my sons father to have rights.
You may want to look at https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-217/
No attorney-client is created by this response. This is not intended as legal advice but is general legal information. You should engage an attorney if you wish to obtain legal advice for your...Read more »
Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »
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