James H. Wilson Jr.'s answer Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:
Virginia Code § 20-150. "Content of agreement.
Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and...
Richard Sternberg's answer I wouldn’t be a bad idea to retain Virginia counsel to review the Inventory and First Account, but investment accounts with designated beneficiaries generally pass outside the Will and the probate estate. So, if you are not listed as a beneficiary of those accounts, the Will may not matter in those distributions.
Sharon R. Moss' answer For life insurance policies, 401k accounts, IRA, and some investment accounts, your father would have been asked to provide a beneficiary on the paperwork he filled out to open them. Whoever he listed as a beneficiary is who will receive those funds.
In Virginia, if a person dies without a Will, all other property passes as follows:
1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children...
Sharon R. Moss' answer You can either have a new will drafted which revokes the old will, or you can have an addendum to the current will. If there are significant changes, it is best to have a new will drafted.
Richard Sternberg's answer You need a consult with a competent lawyer. First, it isn’t clear whether you owe rent. Co-owners don’t pay rent, though your contracts and deed may reverse that. Second, you need to understand title before you pay anyone anything. Payments to the non-owner may not satisfy any rent that is due.
Jay Braddock Jackson's answer Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.
Jay Braddock Jackson's answer A provision in a will may not be as effective as you would like. There are other estate planning documents and instruments that may be more effective. If you don’t have confidence that your adult child will make good decisions about spending inherited money, you can put those decisions in the hands of someone else. One way to do this is by leaving the money in a trust, and appointing someone as trustee who you think will do a good job of managing the money on behalf of, or distributing the...
Thomas Woodward Ashton's answer This is more of a wills/estate planning question. Depending on things like your age and whether or not your grandfather has clear title to the house, it may be a pretty straightforward answer. However, there are some important questions that need to be answered before you all take any action on his wish. Is there another person on the deed? How is title held? Does he have a mortgage? What is the value of the house? How old are you? And many more.
Richard Sternberg's answer You need a lawyer to review the notes and the deeds of trust or mortgages as well as the language in the trust and the applicable state law. If he had the power to use the corpus for his own needs, the daughter may be out of luck. If the notes are his and he had resources and he violated his fiduciary duties to the trust, it probably comes out his estate. In any event, they are his notes, not the daughter's, and a claim should probably be filed in his estate.
Richard Sternberg's answer The original Will makes things much easier, because you may otherwise need to prove that the original wasn't destroyed intentionally by the testator. If the Will matches the intestate succession, the process is likely to be easier, but, if faced with a challenge, you will definitely need counsel. Basically, you need to present evidence that the copy is true and that the testator didn't revoke it.
As to learning about insurance, once the executor is appointed, you can present the death...
all to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
if no surviving spouse, all passes to the children and their descendants.
if none, then all goes to the deceased’s father and mother or the survivor.
Richard Sternberg's answer The probate needs to be filed in the county where your father resided at the time of death. If he was merely visiting, that doesn’t count. If he changed his residence to Arizona, by, for example, buying a house, signing a lease for a term, changing his drivers license, or other indicia of residence, you need a probate lawyer in Arizona.
Richard Sternberg's answer It certainly sounds like you need a lawyer. What I don't read in your story is a question. Let me infer that you are asking how to find a good estate litigator. I suggest you visit Avvo.com. Navigate to Find a Lawyer. Type in the county where your mother resided at time of death. Type in "probate" for type of law. Read the client reviews and endorsements. Ignore the ads.
"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:
"1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends...
Richard Sternberg's answer While I believe there is a presumption that a will favoring a spouse is invalidated by a divorce, and, if your actual will says "my spouse", rather than including her name, then the grant probably fails anyway. You have no spouse. But, it is foolish to rely on that. After a divorce, you should pay a lawyer to re-draft your will. If the will was written by someone local, it is probably still on their computer. The fix will be inexpensive. If the will is old or way out of date, it still isn't a...
Steve Miyares' answer Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your particular situation
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