Get free answers to your Estate Planning legal questions from lawyers in your area.
My dad passed and his attorney is now the executor of his estate. This attorney was having private conversations with one of my sisters and not sharing information equally. I told him I'd retained an attorney of my own and now he won't speak to me at all. Said he legally can't speak... View More 
answered on Feb 28, 2024
Sometimes, lying is its own reward. The lawyer is not allowed to communicate with a represented client without the permission of the other lawyer. Since you don't have a lawyer, he can't ask for permission. He probably doesn't want to anyway, since he's responsible for keeping... View More
My mother passed away last year and was living on family owned land that was supposed to be put in her name and never was. The land is part of my grandfathers estate that passed away 1987-88.Now there is a dispute on how much land there is in the estate my grandfather left that was never... View More
answered on Jan 22, 2024
Your alternatives are to get a competent lawyer to review the titles and the estates so you can make a proper claim in this "heir property" case; or, you can bend over and wait to find where the moon don't shine. If you think this is a DIY case, you are making the second choice. The... View More
I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.
Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?
I also have specific examples of legal... View More
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answered on Dec 10, 2023
Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.
At the same time, it is common for some entities in the real estate world, especially lenders,... View More
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
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
Can I include non-U.S. residents, specifically my wife who isn't a U.S. citizen and resides full-time in the Philippines, in a Simple Will? We have one child, and I want to ensure my wife has financial protections when I pass away. My significant assets are held in bank accounts and a... View More
answered on Apr 26, 2025
You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More
I moved from Harrisburg, Pennsylvania, to Harrisonburg, Virginia. My will, which was created 10 years ago, has not been updated since. I've recently sold my house in Pennsylvania and purchased a new one in Virginia. Do I need to update my will because of this move and the change in my real... View More
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answered on Apr 12, 2025
It’s a good thing you’re thinking ahead—moving to a new state and changing your real estate holdings are both strong reasons to revisit your will. While wills created in one state are generally valid in another, each state has its own laws about property, probate, and even spousal rights.... View More
In 2013, my father passed away, and his will was never put into probate. The will named four beneficiaries: my mother, myself, and my two brothers, with each of us entitled to a specific property upon my mother's passing. While my mother resides in the home I was set to inherit, she now... View More
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answered on Mar 6, 2025
If the will was never filed for probate, then it has no effect. Consult with a VA attorney to see if filing the will as a muniment of title is a viable action here, or whether present heirship should be determined and placed of record as a source of title.
In Virginia, what can I do if a health care provider refuses to accept my advance medical directive, claiming it needs notarization, even though other providers have accepted it? I am trying to regain access to my treatment records and have already contacted the health care provider about the issue.
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answered on Feb 23, 2025
You do not need an advance directive to access your own medical records. Put the AD away and just ask for copies of your records.
1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.
answered on Dec 4, 2024
Your question is not clear; I see two possibilities.
1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get... View More
Is a living trust needed?
answered on Nov 14, 2024
You should not have to go through probate in the typical fashion because the real estate should pass directly to the heirs at law pursuant the intestate laws of Virginia. I highly recommend you contact an attorney to understand your rights and the process.
The only Tangible property that would go through probate would be contents of our house. Can probate be avoided if he adds a codicil to his will, specifically stating what items in house would go to his daughter's upon his death. ( TOD for household items). We have separate wills, husband has... View More
answered on Oct 21, 2024
With respect to your real estate, considering talking to an attorney about a Revocable Transfer of Death Deed to avoid the probate of that assets.
I do not live in the area where the will is needing to be probated.
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answered on Sep 29, 2024
Will has no effect unless filed for Probate, so hire a competent VA attorney.
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answered on Sep 26, 2024
Yes... Hire a VA attorney to search the title and determine heirship.
Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).
Joint Owner 2 and Joint Owner 3 own Account B.
JO1 dies. JO2 has access to all the funds in Account A without going through probate.
JO2 can move funds from Account A into Account B. JO3 now has... View More
I am the only blood relation to my grandfather he lived in the state of PA. I want to make sure things are settled. how do I get appointed executor of his estate?
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answered on Sep 10, 2024
Hire a PA attorney to file Probate. Uncle's Heirs and Next of Kin may get the assets minus you and your attorney's fees.
I have done much reading on these two documents.
1. The Power of Attorney grants authority and control of my personal affairs during my incapacity, if durable and may control any affairs that I grant a Power of Attorney to handle.
2. A Living Will is essentially my health orders... View More
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answered on Jul 27, 2024
It's wise to start thinking about these important documents. Preparing a Power of Attorney and a Living Will when you turn 18 can give you peace of mind and ensure your wishes are respected in case of an emergency.
A Power of Attorney lets you choose someone you trust to manage your... View More
As some grandchildren are only children, we’d like the per stirpes will to be equally divided amongst the 4 children and the 10 grandchildren. Is this possible?
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answered on Jul 26, 2024
Hire a VA attorney to draft a new Will. You do not want to execute a Codicil as it generates a contest or at least ambiguities.
answered on Jan 3, 2024
You should expect the payment with the receipt. The receipt is normally provided to confirm that you have received the distribution. You should contact the fiduciary and question this.
My mother established a real estate contract in 2/15/2023 signed by a lawyer, a real estate agent herself and the executor of the estate. She passed away 4/22/2023. The lawyer did not issue the deeds for the home or land to complete the contract. Is the contract still valid?
answered on Dec 11, 2023
Generally, the stature of limitations for all written contracts is five years. However, with respect to a real estate contract the expiration of the settlement date could result in a termination of that contract. You should also be aware that the obligations of the parties could inure to their... View More
is the value of a Trust ever properly counted in thevalue of the Estate when the person whi died is also the grantor of the TRust?
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answered on Sep 20, 2023
In Virginia, the inclusion of trust assets in a decedent's gross estate largely depends on the nature of the trust and the powers retained by the decedent. If the deceased was the grantor of a revocable trust, meaning they retained the ability to alter or revoke the trust during their... View More
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