Wills and Estates
answered on Sep 13, 2021
I have seen the terms use incorrectly before, so it is useful to have context, but the usual meaning go a primary beneficiary is the person, persons, or entities that are first in line to receive the proceeds upon the death of the grantor. A secondary or contingent beneficiary takes only if the... View More
answered on Aug 31, 2021
A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.
Just died in the middle of the sale of the home. My mother in laws will states that if any of her children that do not have children their part goes back to the other children. Can my sister in law will her part of inherited land that was willed to her husband from his mother to her sister or does... View More
answered on Aug 27, 2021
The exact timing matters and the exact wording of the will matters too. There is not enough information here to answer your question. You should schedule a consultation with a probate attorney.
Father passed a month after aunt did. So where does his portion go, his wife is still alive. And if it goes to 'him' does it go to my mother (his wife) or to my fathers estate?
answered on Aug 11, 2021
If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an... View More
answered on Aug 1, 2021
The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... View More
There are 2 properties in Puerto Rico in his name of which one shows his ex-wife listed. He divorced many years ago and to my knowledge there was a separation of their properties done. Where can we gain the knowledge of whether or not the property is indeed his ex wife's as well? Also, what... View More
answered on Jul 27, 2021
It very much matters where your father was domiciled when he passed. You should consult counsel licensed in that state. If the only assets are Virginia real estate, you might avoid formal probate, but, in all likelihood, you'll need a probate in Virginia and an ancillary probate in Puerto... View More
I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.... View More
answered on Jul 26, 2021
If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end,... View More
answered on Jul 16, 2021
Request for Admissions, Interrogatories and Request for Production of Documents.
Will that directive be ignored and my fiance gains ownership as surviving owner? Or will the will override the title? I understand that I should have the two (title and will) in sync, but in the interim, what would happen upon my death?
answered on Jul 13, 2021
The two should be in synch, because having them inconsistent can be used to confess and delay proceedings when everyone needs certainty and dispatch. The inconsistency can be used as evidence that your testamentary intent was uncertain or that you were confused. Unless you can be proven... View More
My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new... View More
answered on Jun 25, 2021
I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.
answered on May 24, 2021
Losing?
Major legal expense?
Inability to collect?
Witnesses forget the facts?
Party says something stupid?
Risk... risk... risk.
answered on May 24, 2021
As long as the loan continues to be paid timely, nothing happens. If it is not paid, the lender enforces against the living signer and tries to enforce against the deaf citizens-signer. Upon learning of the demise, they may proceed to file a claim in the probate estate.
Do I need to hire attorney to represent our family and handle the estate? If he passes away we do not know anything about life insurance or burial insurance but we will have to pay the bill for the funeral because we do not know any thing about his finances etc.
answered on May 21, 2021
I am sorry for your situation.
I always recommend consulting an attorney for an estate - depending on the estate we can save the family money and keep them from making mistakes in handling the estate. Consult a probate lawyer.
There's usually no hurry when someone passes... View More
The sole trustee cannot be the sole beneficiary. Can my designated trustee also be the sole beneficiary?
answered on May 4, 2021
It is not true that the sole beneficiary cannot be the sole trustee. However, it is true that if you set it up that way, it is virtually impossible to afford the beneficiary any asset protection. If asset protection for her is your goal, then you should name an independent trustee and also take... View More
My mom passed away a few months before my uncle, but we have been advised that my brother and I are valid heirs. I read about the 120 hour rule, but that does not seem to apply here, because my mom has living sons. He had three sisters, including my mom. One of the two living sisters is... View More
answered on Apr 30, 2021
The course of descents in Virginia is set forth in Virginia Code Section 64.2-200 as follows:
"1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving... View More
answered on Apr 24, 2021
A Virginia resident can file a Warrant in Detinue for the return of specific personal property or its fair market value. A person who converts another's property to his or her own use has committed the tort of conversion. If someone takes someone else's property with the specific intent... View More
answered on Apr 10, 2021
In Virginia, a personal property owner can file a Warrant in Detinue in General District Court for the return of personal property or an award of its fair market value. The Warrant in Detinue is a fill-in-the-blanks form. In Circuit Court, a Complaint for Detinue would have to be drafted by the... View More
answered on Mar 29, 2021
Maybe. I need more information. Is the person staying a spouse? Is it a dependent child? Even if there is no duty of support, criminal law only becomes involved if there is a crime, such as breaking and entering or trespass, so calling the tenancy illegal stretches the common meaning of illegality.... View More
answered on Mar 20, 2021
A spouse is not required to make his or her spouse a beneficiary of a last will and testament; however, there are statutory rights for surviving spouses that limit the ability to completely disinherit a spouse in Virginia. A surviving spouse can effectively renounce a will and claim an elective... View More
answered on Feb 14, 2021
Every state in which I practice gives executors, administrators, and personal representatives powers to accomplish their objectives. If you don't know what those powers are or how to use them, you need to retain counsel. The estate can pay for that legal advice, so it isn't coming out of... View 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.