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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
Will this help me in getting my husband, who doesn't want a divorce, to move out? Is he entitled to anything if it is sold?
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answered on Sep 4, 2023
No attorney will be able to answer your question without reviewing the trust instrument itself and probably also at least a couple of deeds in the chain of title. More information might also be required. You really need to consult with an attorney about this in person.
The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More
answered on Jul 23, 2023
The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.
The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.
Additionally, the Residual Estate clause states that the property,... View More
answered on Jun 20, 2023
Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More
We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More
answered on Jun 19, 2023
Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More
a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More
answered on Jun 7, 2023
The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More
a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia
answered on Jun 2, 2023
When a Virginia resident dies intestate, real property passes according to the laws of intestate succession starting in Virginia Code Section 64.2-200. First, it will go to the surviving spouse, unless there are surviving children of the decedent who are not children of the surviving spouse. If... View More
Father has left sister and I POA, we can act jointly or separately. Issue my sister aren't seeing eye to eye on is my father's 3rd largest asset (750K) is his home that is actually a vacation home. Lived there full time before he got sick. House is deteriorating, needs at least 35k in... View More
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answered on May 3, 2023
Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.
answered on Apr 28, 2023
It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More
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answered on Mar 20, 2023
A diagnosis alone does is not complete proof that a person lacked capacity to execute a valid Power of Attorney. In addition, "dementia" is a general term and can include varying degrees of inability to process information accurately. However, for a Power of Attorney to be valid, the... View More
answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... View More
have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?
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answered on Jan 31, 2023
Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... View More
I am divorced. want to file quick claim deed . Im
age 90 he lives with me now. a neighbor also said deed of gift
answered on Jan 16, 2023
Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... View More
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