He married her after he bought house but is trying to sell but cant because his children need to sign paperwork and I have no clue what this means I live in Fredericksburg va the house is in deptford nj
All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »
I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... Read more »
I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not...Read more »
There are also items from my childhood and property I am interested to divide up such as china, old coins, etc. My brother is hostile , we do not speak to one another. Though his is girlfriend, I am told he is stating "off limits "to his home and contents. What recourse do I have? If he... Read more »
A will typically might contain specific bequests of personal property, or reference to a list that may or may not be binding on the executor, specific devises of real property, and a residuary clause, which transfers all the rest of the estate to particular beneficiaries. Your question does not...Read more »
The account was Her money, his name on it mainly to help her when she was ill. Account =$40,000. Will this money be included in the estate to be distributed to her children? Does he have ability to claim this as his own? Thank you.
There is no clear answer to your question without knowing additional facts.
Under Virginia Code Section 64.2-620, certain transfers upon death accounts are nontestamentary, meaning they are not part of the probate estate and pass outside the will. This includes payable on death (POD) bank...Read more »
Virginia would not consider you divorced unless you filed for divorce. From there, intestacy procedures and the terms of the contract for the credit cards would apply. In theory, you should be able to contact the credit card companies and close out the accounts if they are solely in your...Read more »
My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.
Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent...Read more »
There's 233,000 Acrea of land owned by family name.The farm has been owned and manned by my family for over 100 years .(with whom I've never met and by blood I am related)Is there any rights I have to this farm?
There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.
That said, you would need a title search to determine...Read more »
My grandparents left the house and 50 acres to my mom as owner of the life estate. My brother and I will inherit the house and 50 acres after her death to be split evenly (we have already agreed my brother gets the house + 20 acres and I get the remaining 30 acres). Am I able to build a house now... Read more »
A person may die testate, with a will, or intestate, without a will. Whether to probate an estate is an important threshold issue. In some instances, it is advantageous to probate an estate or will. In some other instances, it is not necessary, or the costs, inconvenience and liability outweigh...Read more »
My father in law used a broker to invest monies. He passed away 01/28/2020 when stocks were at their height. When the broker divided up the estate, stocks were down substantially and the amount received does not reflect TOD Cost Basis. Now there was an “unrealized loss” I don’t... Read more »
The stocks obtained a step up in basis when your father in law died. This is a good thing. Now if an heir chooses to sell a stock when it's down, the heir will be able to deduct the loss on his or her tax return.
Many banks have trust departments. Some folks pick banks as their trustee, guardian or attorney-in-fact because the trust departments have skilled, knowledgeable, full-time, professionals who understand their fiduciary duties and all the reporting requirements. Money, and money management, can...Read more »
If a Virginia resident dies intestate, without a will, and without a trust, his or her real property not title in survivorship, and the surplus of personal property, will pass according to the course of descents or laws of intestate succession. If that resident has no surviving spouse, no...Read more »
I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... Read more »
The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until...Read more »
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... Read more »
Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to...Read more »
Definitely see a lawyer! Amendments to wills must be made with the same formalities as were required when the will was made. Most of the time that means two witnesses and sometimes a notary (not always). If you scribble changes in without following those formalities, a court may very well...Read more »
It depends on how the beneficiary designation in the life insurance policy was worded. If there is a contingent beneficiary, it would go to the contingent beneficiary. If there was no contingent beneficiary, then it might go to your husband's estate.
Most real estate financing in Virginia is secured by a deed of trust rather than a "mortgage", although that term is used in a general sense for any loan secured by real estate. Title is determined by the deed and the chain of title, not who may or may not be liable on the note secured...Read more »
It is probably a good idea to review the facts with a lawyer. It might be that your brother had the right to do that, or he might have been abusing your mother by stealing her money and stealing from the estate. You may be able to collect it back from him or take it as a credit against his...Read more »
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.