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Virginia Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Q: Mom died in 2016,brother removed from court as her poa in jan.2016,I'm administrator now can I sell house without him
Richard Sternberg
Richard Sternberg
answered on Jul 26, 2017

Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Do I need to do anything to legally protect my real estate or am I already legally protected?

My parents added a mother-in-law suite to our house 17 years ago so that they could have a place to stay when they visited us. They told us it was a gift to us. They live in Florida most of the year and visit for only short times during the year.

We live in Virginia. My husband has passed... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2017

Unless their name (or the trust's name) is on the deed, it is unlikely they will be able to claim ownership in your land/home.

That said, however, without seeing ALL the documentation (what did you sign when they added onto your house -- there HAD to be something as you can't...
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1 Answer | Asked in Estate Planning for Virginia on
Q: Income from a partnership

My father owns a building in Manhattan that generates monthly income. Twenty years ago, he and my mother created a trust that left, upon their death, their shares of the building to their grandchildren. My brother and I, under the trust, are to receive income from the shares until our death. Now,... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 20, 2017

It depends on the type of trust it is and what the trust document says. It's hard to answer your question otherwise. If it is a revocable trust he likely can do whatever he wants

1 Answer | Asked in Estate Planning for Virginia on
Q: Wife passed away, virginia house husband gets 50%, step kids get 50%, can husband get % of step kids inherritance
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 10, 2017

I need to know way more information. Your questions is vague and there are many moving parts. Was there a will?

1 Answer | Asked in Employment Law, Estate Planning, Family Law and Personal Injury for Virginia on
Q: What kinds of things come out during pre trial discovery?
Michael Christopher Miller
Michael Christopher Miller
answered on Jul 5, 2017

If done properly, everything comes out.

The key issues to address are property for equitable distribution, income and expenses for support, family history for custody and visitation, and the factors and circumstances leading to the dissolution of the marriage for both the grounds of divorce...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Virginia on
Q: Uncle left all assets to his siblings.per stirpes .but after his wife passes (second marriage) action after she dies?

I am the third exec of his estate...his wife was first...my daddy second ( deceased and heir) and me third. When is wife passes...is there any action I can take for me and the remaining siblings.....as per his will? She is in bad health and now lives in NC. Her nephews are managing/helping with... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 5, 2017

If the estate was probated, then it can't be 'reopened' because his wife has passed. HER will / estate plan / intestacy now controls the assets that were passed to her in his probate in 2015, and unless there were a 'life estate' with a reversion after she passed embodied... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: I have a questions regarding real estate assets

My sister and I co-own my father's home that he has life time right's to live there. My sister has debt collectors and creditors attempting to collect money owed. Can they attempt to collect from the estate of my father before he passes? Force a sale of the house?

John Andrew Maghamez
John Andrew Maghamez
answered on Jun 23, 2017

If in fact your father has a life estate deed that has been properly executed in the clerk's office, then creditors cannot touch your interest in the house because he only has a life estate. They can collect against any personal assets that he might have however.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Q: How does the process work if it 4 kids both parents passed and the house had a lien one of the children paid it off

Who is to own it??

Richard Sternberg
Richard Sternberg
answered on May 29, 2017

This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.

1 Answer | Asked in Estate Planning for Virginia on
Q: My 3 kids dad passed away with out a will well none found the wife is being greedy and wanting everything what can I do
Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2017

If there is no will then the state he lived in's intestacy rules will apply, and MOST states give a large portion of assets remaining to a surviving spouse. You'd need to have more specific information about both how any property was titled (if it is joint with his current spouse then she... View More

1 Answer | Asked in Estate Planning and Family Law for Virginia on
Q: My parents named my sister POA several years ago. My sister had moved out of state...is her POA still in effect?

My parents are 89 and 90...just want to make sure everything's in place for their future...

Kenneth V Zichi
Kenneth V Zichi
answered on May 5, 2017

The fact that an agent moved does not 'invalidate' documentation. If she is still willing to serve and your parents are still OK with that, then everything continues as before.

If there are CHANGES then your parents need to have their documents reviewed and perhaps redone. I...
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1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

My sister took out a guardianship on me by lying her way through and using my Medical Drs. name in the process and he stated he did not release any info to her I went to court and my medical records were so good there was no way she could win so she removed herself and now wanting me to pay her... View More

Jan F Hoen
Jan F Hoen
answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Q: My father in law told me i would take the place of my Husband (his deceased Son) and he was having a new will drawn up

NIKL

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 20, 2017

If your father in law died in Virginia, then you should contact a probate attorney in Virginia to answer your questions.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: I was made trustee of mother's revocable trust & beneficiary of will 2012 (in VA) -not aware until after her death 2015.

The revocable trust was never "activated" with a second executive trustee. The lawyer involved never notified me - and now the estate is being held up as there is no executive trustee of RT - nor have the funds been transferred. The executor (mother's accountant) is trying to avoid... View More

Ben F Meek III
Ben F Meek III
answered on Apr 8, 2017

You should contact an experienced probate lawyer in the state where the probate is filed (and presumably is the situs of the Trust). He or she will have to review the Trust and probate documents and the communications from the executor in order to advise you. Many offer free initial consultations.

1 Answer | Asked in Estate Planning for Virginia on
Q: Tranfer Upon Death and Executors

A brokerage account lists an executor as a transfer upon death beneificary. Does the executor have a fiduciary duty to the estate to include funds from the brokerage account?

Ben F Meek III
Ben F Meek III
answered on Mar 3, 2017

It may depend on how the brokerage account beneficiary designation is worded. If the beneficiary is listed as "Executor of estate of [account owner]", the funds probably have to be paid to the probate estate of the deceased account owner. If, on the other hand, the account beneficiary... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: VIRGINIA-An heir to an interest in a piece of property had a will setting up a 50 year trust. The income from the trust

was to go to 3 charities. After 50 years a memorial was to be established to honor his mother. The Trust ran out of money in 2002, 50 years ran out in 2011. No residual clause in will. Who inherits

the descendants of his siblings or the charities?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 26, 2017

If I read the facts properly, there is no money left long before the 'termination' of the Trust by its terms. In that case, NOBODY inherits, because there is nothing left to inherit.

Or did you mean something different?

-- This answer is offered for informational purposes...
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1 Answer | Asked in Estate Planning, Banking, Collections and Probate for Virginia on
Q: If my mother named me as beneficiary on all her life insurance policies, is that money part of her estate re: debts due?

Firstly, we live in the state of Virginia and I appreciate anyone's professional time and counsel. My mother had numerous life insurance policies ranging from $1,000 to 10,000 and has me named as the sole beneficiary on all policies. She had no will and her house and land have been in mine... View More

Ben F Meek III
Ben F Meek III
answered on Jan 15, 2017

The proceeds of the life insurance policies should pass to the beneficiaries outside of the probate estate. Likewise the jointly owned bank accounts, which should pass outside of probate to the surviving owners of the accounts. The credit card debt can reach assets of the Probate estate, which... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: How can I get a copy of my mother's will?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on May 20, 2016

Answer depends on more facts than are given in this case; such as the status of the estate, who the executor is, and the terms of the will. Seek out a local attorney to help you with this case.

1 Answer | Asked in Estate Planning for Virginia on
Q: What would happen if I accessed my father's safe deposit box. He put me on and gave me a key

He is currently in bad health and two days after having brain surgery he signed a will giving his assets (which I'm sure include box contents) to his girlfriend. What would happen if I accessed box and took content's before his death

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on May 20, 2016

Simple answer; Don't. You could be on the hook for that property if the will goes through probate and the Judge rules father competent at time of will. Seek out a probate attorney to prepare.

1 Answer | Asked in Estate Planning for Virginia on
Q: A property listed in the will is in another country, and in dispute. Will that delay the settlement?

The property listed is in India, ans is currently under dispute between other brothers and sisters for the past many years. Settling this would take a lot of time, or it may never be settled. Will this affect the settlement process in US.

As an executor for the will what are the... View More

Gary D. Godman
Gary D. Godman
answered on May 5, 2016

I hate to say it, but this question is too fact-specific for us to provide general information on a public site like this. I would wager that any ongoing dispute in India is going to have an effect on the probate process here in the US. You (or the interested party) should seek out and consult... View More

1 Answer | Asked in Elder Law, Estate Planning and Probate for Virginia on
Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.

I had a durable POA to handle her medical and other affairs and her bank accounts had a POD. I took her back to England for burial and her accounts had no additional funds after the cost of the funeral etc....I contributed to her home health care costs and funeral costs. My Mother was due a small... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 22, 2016

You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.

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