Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on Apr 29, 2023
One of the challenges with trusts is funding. Title to property must be transferred to the trust by conveyance to the trustee of the trust in order for it to be part of the trust corpus, or body of property in trust.
Title to motor vehicles in Virginia is evidenced by a DMV Certificate of... 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
answered on Feb 13, 2023
Of course, it can. An email is a written document, and, subject to authentication, which, arguably, is easier for an email than a letter, it is potential evidence. Early in the Internet Age, I used to love getting people to admit things in emails that they'd never write in a letter, and, to... 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
have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?
answered on Jan 31, 2023
You need to review these matters with a lawyer. If the trust is a pourover trust which was funded from the estate, you get a different answer than if it was a funded inter vivos trust. It's also different depending on the source of the charitable funds. A review of the will, the trust, and the... 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
answered on Nov 21, 2022
I agree with Mr. Wilson, and I would add that the expense saved by turning this into a DIY job may be dwarfed by the expense of fixing it later. For example, the Will and the Trust should not be modified in the same document. The Will is a transitory documents, but the Trust is active upon... View More
answered on Nov 21, 2022
A will may be modfied with a codicil. Most attorney advise against the use of a codicil for various reasons. As it requires the same formalities as a will, the testator is often better off by simply writing a new will.
A trust may be modified in accordance with its terms, or, in certain... View More
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... View More
answered on Nov 12, 2022
In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.
There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation... View More
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
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
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.
Level which is undesirable. Will or living trust? Any Help with elder orphan status in law firms trustee holder. Executor, financial poa esp if not a solo law office?
answered on Dec 25, 2022
It is difficult for me to understand your question as written, but, in any event, there is no way to analyze your situation in any usable manner without reviewing your finances, the trust, and your state's Medicaid law. There are often means to qualify for Medicaid using special needs trusts,... View More
Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More
answered on Oct 1, 2022
There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More
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