Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Which deed to use for transferring property to a revocable living trust in Virginia?

I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025

Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More

1 Answer | Asked in Probate and Family Law for Virginia on
Q: Are my late husband's children entitled to proceeds from his inherited house sale?

My husband recently passed away, and he inherited a third of his aunt's house, which was sold after his passing. He has two sons from a previous marriage. Now, his ex-wife has hired a lawyer in Virginia. My husband did not leave a will, and there are no outstanding debts in his estate. Are his... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 14, 2025

I'm sorry for your loss.

The answer isn't a simple 'yes' or 'no'. Without further information you may be entitled to 1/3 of his share and his children the other 2/3, however a critical issue is timing - distribution if his aunt died before your husband is one...
View More

1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: How do I verify my name in legal documents related to a conviction?

I'm trying to find out if my name is included in legal documents related to a conviction. How can I verify this, and what steps should I take if I find out I am listed in these documents?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

If you were a defendant, your name would be listed in the charging documents. If you were a victim, your name might also be listed in the warrant's or indictment's charge description. You could start with a state-wide search for criminal records (https://www.vacourts.gov/caseinfo/home)... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Do I need a signed separation agreement for divorce in VA?

I have been separated from my spouse for 6 months. We don't have children or any assets to divide. I intend to start the divorce process in court, but I do not have a signed separation agreement because my partner is not responding to my emails. I'm under the jurisdiction of Stafford... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 11, 2025

The required separation period for a no-fault divorce in Virginia is 1 year. If the parties have a signed written separation agreement, and no minor children born or adopted of the marriage, the required separation period is reduced to only 6 months. Ideally, a separation agreement is... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: How to address assault and weapon charges based on hearsay in VA?

I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More

Amy McMullen Harber
Amy McMullen Harber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

Many cases are charged and prosecutors without eyewitness testimony or direct evidence, and you could be convicted as a result of circumstantial evidence. You should consult with a criminal defense attorney in your area about the specific facts of the case and the common practices of the... View More

View More Answers

2 Answers | Asked in Criminal Law for Virginia on
Q: How to address assault and weapon charges based on hearsay in VA?

I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Any charge that could result in a jail sentence will go through an arraignment hearing first. At the arraignment hearing, the judge will discuss your trial date and also whether you qualify for a court-appointed lawyer, whether you intend to hire a lawyer, or if you intend to represent yourself.... View More

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on
Q: My fiance had a plea agreement with a cap of 20 years. On Friday he was sentenced and the judge gave him 68, suspended

48, and left him with the max amount of 20 years. My question is whether or not a judge is allowed to exceed the cap limit and suspend the excess in order to meet the agreement.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

If the plea agreement only concerned itself with the amount of active time to be imposed, then the judge did nothing irregular by including a suspended sentence. This is assuming that the statutory penalties for the offense(s) involved allowed for at least 68 years of incarceration. This is... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to attend court after paying an inspection ticket in VA?

I received an inspection ticket in Virginia but got the inspection done the next day. I paid the fine online well before my court date. Since my summons was a release on summons, do I still need to show up to court?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

No, you shouldn't have to attend court if it has been pre-paid. That is an offense where the judge would just try you in your absence if you didn't appear. If you're still concerned about the ticket you can check the status of your case online at... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Richard Sternberg
Richard Sternberg
answered on Mar 7, 2025

Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More

View More Answers

2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 7, 2025

Mr. Sternberg is correct - you need to consult an Elder Law attorney before you do something foolish. To find one, you can go to the Virginia Academy of Elder Law Attorneys (VAELA) website - www.vaela.org - and find several near you. The system indicates that you're in Northern Virginia -... View More

View More Answers

3 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More

View More Answers

3 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

Consult with an attorney who handles cases in the jurisdiction where you got the ticket. The initial consultation will likely be at no cost to you. Even at that speed, it might be possible to appear by counsel (you would not need to drive back to Virginia to appear on your case). The possible... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Virginia on
Q: Impact of worker's comp stipulation on future impairment benefits?

I signed a stipulation regarding my workers' compensation claim three months ago, which stated that it resolves with finality any and all pending claims for benefits. Recently, I've received an impairment rating. What does this stipulation mean for my current situation and any potential... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 7, 2025

Dear Sir or Madam:

If you signed a full and final settlement agreement for your work injury three months ago that was approved by the Virginia Workers Compensation Commission for your work injury, then your claim for that work injury most likely has ended. You can contact the Commission at...
View More

View More Answers

1 Answer | Asked in Criminal Law, Juvenile Law and Family Law for Virginia on
Q: 17-year-old wants to drop charges against 23-year-old boyfriend in VA

In Virginia, my 17-year-old friend wants to drop charges against her 23-year-old boyfriend for having sexual relations, but her parents are insisting that she can't because they dislike him and believe she doesn't know what's best. What legal options does she have?

Elizabeth L Tuomey
Elizabeth L Tuomey
answered on Mar 4, 2025

Only the prosecutor can drop the charge. The case against the boyfriend is Commonwealth of Virginia v. [Boyfriend's name]. The prosecutor represents the state. Your friend can certainly give her input to the prosecutor and the judge; she has a right to give a "victim" impact... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do I have to speak with police if asked for questioning about an assault?

I am being asked by officers to come in for questioning regarding an assault incident where I was present. They have explained why I am being questioned, but I have not received any official documents or subpoenas. Do I legally have to speak with them, and should I consult with a lawyer first to... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

You are not required to talk to them. I would be concerned that they might later try to claim that you were somehow a participant in the incident. If it were me, I would politely decline to discuss the assault with them. It might be a good idea to consult a local defense attorney about this, but... View More

2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: How to transfer property to co-heirs when widow died intestate in VA?

I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More

Richard Sternberg
Richard Sternberg
answered on Mar 1, 2025

You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: How to transfer property to co-heirs when widow died intestate in VA?

I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 3, 2025

This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can my cousin appeal a 6-month jail sentence after accident?

My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More

Amy McMullen Harber
Amy McMullen Harber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2025

Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.

Regarding the civil demand for money: if your cousin had...
View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I face issues for notifying probation officer of address change but no response?

I am on probation and had to move to a new address within the same city. I left messages for my probation officer on January 29, 2025, January 31, 2025, and February 18, 2025, and also sent a letter providing my new address. My probation officer has not yet visited for a house check, and I have not... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

Possibly. That will depend on if there were any restrictions in place on changing your address without prior approval, or if there was delay in reporting your change of address that runs afoul of their rules. Even if that was the case, not every issue results in a violation letter being sent to the... View More

1 Answer | Asked in Car Accidents and Criminal Law for Virginia on
Q: Why were items confiscated from my car after a crash on icy roads?

I was involved in a car crash due to icy road conditions. A police report was filed, but it doesn't mention anything criminal. Some items were confiscated from my vehicle, and I'm concerned about why this happened. What steps should I take to understand the reason for the confiscation and... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

Not knowing about the details about what was seized and circumstances surrounding the seizure (do not share them online), it's hard to say. You can call or visit the agency that took the items, explain your question about your property to the front desk, and you should get an answer either... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.