Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Probate Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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

3 Answers | Asked in Probate for Virginia on
Q: Who inherits property after the last spouse dies?

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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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

View More Answers

3 Answers | Asked in Probate for Virginia on
Q: Who inherits property after the last spouse dies?

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

Richard Sternberg
Richard Sternberg
answered on Sep 4, 2024

That is some seriously poor estate planning, and it may be worthwhile to sit down with a lawyer to check the deed (not the deed of trust) any other trusts, and whether your step-father had a will. But, if the deed was by entireties and bought during the marriage, it became his house when she died,... View More

View More Answers

3 Answers | Asked in Probate for Virginia on
Q: Who inherits property after the last spouse dies?

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

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 4, 2024

I am answering this question with the assumption the parties resided in the State of Virginia. With the real estate being owned by your mother and your step-father as husband and wife and as tenants by the entirety with the right of survivorship, when your mother passed the property became the... View More

View More Answers

1 Answer | Asked in Family Law and Probate for Virginia on
Q: my father pass away, his brother becomes the primary representative of estate.dose he become the owner off the belonging

uncle is saying all of my deceased dad’s belongings are his

Richard Sternberg
Richard Sternberg
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

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Can I sell my wife’s home? She passed without a will and the house was solely in her name. Me and her 2 daughters heirs
John Michael Frick
John Michael Frick
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.

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

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

Osama Khalil
Osama Khalil
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

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

View More Answers

1 Answer | Asked in Probate for Virginia on
Q: Can any of the surviving children take step mother to court during probate in Virginia?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: How can we sell my mother's house when one of the coowners on the deed died before signing off on the deed?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Dominic Paul Lascara
Dominic Paul Lascara
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.

View More Answers

3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 6, 2024

Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More

View More Answers

2 Answers | Asked in Family Law and Probate for Virginia on
Q: My father died over two years ago. My brother is the executor. He is not communicating with me anymore.

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?

Dominic Paul Lascara
Dominic Paul Lascara
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

View More Answers

2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

In general, if you did not file jointly for the tax year in question, you are typically not responsible for your deceased spouse's individual tax debts to the state of Virginia. However, there are exceptions and complexities depending on the specifics of your situation, such as the nature of... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Do proceeds from real estate go into an estate account or directly to beneficiaries/next of kin?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

2 Answers | Asked in Probate for Virginia on
Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat

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

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 3, 2023

The personal representative of an estate is either an executor or an administrator. An executor is named in the will or an individual who qualifies for the role when the named executor declines or is unable to exercise that role, or the will fails to name an executor. The successor executor is an... View More

View More Answers

2 Answers | Asked in Probate for Virginia on
Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat

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

Richard Sternberg
Richard Sternberg
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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.