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Well his Mother's Brother had 6 children. Both my brother's Mother and her Brother are decease. There is 25 acres. on the Affidavit of the Commonwealth of Virginia.. My Question to ask a Lawyer. If something was to happen to my brother. Does his half of the 25 acres go to his siblings or... View More 
answered on Jan 8, 2018
The first question is, who owns the 25 acres right now? Your question is a little unclear because you don't say who currently has legal ownership and why you believe your brother owns 1/2 of the 25 acres. If your brother owns 1/2 of the 25 acres right now, does he have a Will specifying who... View More
HE ISN'T MAKING HOUSE PMTS., PAYING BILLS ETC.. WE HAVE OVER $90,000 IN EQUITY. HE DRAWS RAILROAD DISABILITY & RETIREMENT. WE ALSO HAVE A 17 YEAR OLD DAUGHTER. HE HAS NO ONE ELSE TO CARE FOR HIM.
answered on Jan 7, 2018
Typically through a request for the appointment of a Guardian or Conservator. For more information, find an attorney who handles such matters.
and heirs are paid last?
answered on Dec 24, 2017
If the administrator is failing to pay creditors that have duly filed a proof of claim with the estate, then you may need to consult a lawyer to hlep you determine what steps need to be taken to protect the beneficiaries of the estate.
Virginia - My Aunt's husband passed. She was his 2nd wife, and he left her everything in his will. When he divorced the 1st, he was awarded the home in the divorce after buying his ex-wife out. However, his lawyer never had her sign the quit claim deed. Will my Aunt have to buy the ex-wife out... View More
answered on Dec 4, 2017
If I understand your facts correctly, your aunt -- the second wife and sole testate heir of the decedent -- may need to reopen the divorce case or file a new case to quiet title. But, if the first wife refuses to effectuate the court order, she does not get to re-litigate title to the house. The... View More
Wife has children that do not belong to current spouse , they are adults. If she dies without will and she and her current husband on deed does house go to her surviving husband?
answered on Dec 1, 2017
This will depend on HOW the husband is 'on' the deed. Tenants in common? The kids will get a portion. Joint with full rights of surviorship or as tenants by the entireties (if the state where the property recognizes that form of ownership) then the surviving spouse takes the real estate.... View More
My mother passed in 2013. She had a Will written, witnessed and notarized. Her husband never filed for probate or personally settled her Will. He remarried this year (2017). I know that she left personal and monetary things for myself, my brother and grandchildren. What exactly, I don't know.... View More
answered on Nov 15, 2017
Do you have a copy of the Will or do you know where you can get a copy? That would be the first step. Did you ever see the Will to know who the executor was? If you can't get a copy of the Will you can ask that the estate be probated as an intestate estate. As the children of your mother,... View More
I travel b/c of my job I gave my daughter POA to act in my best interest when away. While away a service company did work in my home & damage my hardwood floors. When I rtned for R&R I contacted the business to inform them. They refuse to do repairs b/c I contacted them months after the... View More
answered on Nov 14, 2017
The Judge took the correct course of action. You daughter cannot appear for you in a court of law unless she is a licensed attorney with the Virginia State Bar. The Power of Attorney gives your daughter the right to handle many actions for you in your place, but appearing in court as your... View More
A father had a living will/revocable trust. His house was in the trust. He (the grantor) passed away. He had allowed one adult son to live in the house rent-free for several years in exchange for taking care of the house. There was no formal/written agreement (i.e. no lease/rental agreement).... View More
answered on Nov 4, 2017
The answer to your question depends on the review of the Trust agreement and whether a Probate Estate was opened at the Circuit Court. You should consult with an attorney in York County.
My mother’s estate was closed in Virginia about a month or so ago; she died in October 2015. My brother, the executor of her estate, has been contacted by a company about an unclaimed asset in the amount of $37,200, stating that the asset remains dormant as of 9/15/17. None of us (her seven... View More
answered on Oct 29, 2017
The answer depends on what the asset is. If it is an asset with designated beneficiaries, like an insurance policy, a bank account, or a stock account often have, then it is a non-probate asset, and the probate estate is unaffected. If it was a personal asset of the decedent, you will probably need... View More
If the Will of a deceased person states that his wife gets everything, can the wife take the will to the bank and ask banker to give all the deceased persons money from his sole owner account?
answered on Oct 26, 2017
She can ask, but no bank that I know of would allow such a procedure for anything other than a VERY small account (or one that has a beneficiary named). Probate of some sort is usually necessary in such circumstances.
Consult with a local probate attorney as there are often... View More
My grandmother in Florida left my dad 2/3 and me 1/3 of her estate. My father died intestate in Virginia before my grandmothers estate was settled. Does his estate still receive the 2/3 or will that be split 1/3 to his second wife and 2/3 to me his daughter.
answered on Sep 21, 2017
You should contact a probate attorney to help you with this. I'd be happy to help. His estate will most likely receive the 2/3 depending on how far apart he died from your grandmother. Depending on if your dad was married, how many kids he had, and whether it was a first or second marriage... View More
I went to retrieve the truck and the grandmother would not let me take it. The grandmother also changed the locks to the house. They do not have any rights to the property. What course of action should I take. We lived in Virginia, the house was in South Carolina, and he was prepping the house to... View More
answered on Sep 17, 2017
I can't really answer without knowing that states laws but when someone dies without a will they are said to have died intestate. At that point state law dictates in Virginia that everything they have goes to their spouse if it is the same person who they had all their kids with.
answered on Sep 2, 2017
You should never try to draft such an important document by yourself. Please speak with an attorney. One word can mess everything up
My stepmom took all my fathers thing house boats cars small boats there is an anunity account my daddy received for the wrongful death of my grandparents she I want that tonot sure my rights she won't provide all tiles or proof of sale of items
answered on Aug 31, 2017
If your father had a Last Will and Testament when he died, it will designate who of his heirs will receive his property at death. It may be that your step mother was your father's Will's sole beneficiary of all those items your described. An annuity account generally also names a... View More
Instead of after death as planned.
She moved here a few months ago,to help care for Mom. She at some point ended up on Mom's bank accounts,etc. Then All of a sudden mom's broke. We all know my sister has abused her role as caregiver and now executor. Need to prove that she has stolen money,and also "gave away... View More
answered on Aug 12, 2017
You need an estate attorney which is something I handle. Would love to talk to you more about it. If your sister did in fact abuse her power of attorney then she could be liable.
answered on Aug 11, 2017
Yes you absolutely can you just need an attorney to draft a deed of gift for you. If you are no longer an owner your kids would likely then have to handle the mortgage
My mother has named my sister as her Power of Attorney and Executor of her will. However they are currently feuding. If my mother replaces my sister as Executor, naming me or my brother in her place but leaving my sister as Power of Attorney. Does this mean that my sister would remain responsible... View More
answered on Aug 1, 2017
Yes, you answered your own question. The power of attorney is the most dangerous because they have unfettered access to all of her financials while she is alive. She may want to consider changing that as well.
answered on Jul 31, 2017
For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond... View More
home improvements. The Title company is saying that the Probate was filed incorrectly and the property is not titled in my name per their search. However, my name is listed on the property at the county Commissioner of Revenue and I pay property taxes (2 years). What other documentation do I... View More
answered on Jul 28, 2017
Obviously, if you can't close, there is a problem in the title. You need a title search and a probate attorney with experience in real estate and a license in Virginia. A CRESPA license to go with a Bar license would make the solution cheaper and easier. I'd guess it is an easy solution... View More
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