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
settled, what happens with the deceased heirs portion of the estate?
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answered on Feb 10, 2021
Most likely the deceased heir’s share will become part of the deceased heir’s estate. However, the only way to know for certain is to review the first decedent’s will.
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answered on Feb 9, 2021
If a beneficiary accepts his or her inheritance and then donates it to charity then the beneficiary gets the tax deduction. If the estate distributes money to charity because that’s what the decedent’s will specified then the estate gets the deduction.
So the check with the bank name that is now closed under my father and my name. it does state "F/B/O fathers name IRA and acct#****. but the bank won't even accept the check and create an estate account. This is the second check that was issued from them and they cant get it right.
answered on Jan 28, 2021
I don't know whether there is enough money involved to make it worthwhile, but I think a simple one-hour consult would straighten things out. It sounds to me like the brokerage hasn't explained that the funds are not part of the probate estate, so they don't belong in an estate... View More
This year my husband and I sold our house and bought another single-story house with the plan to move my parents in with us. My parents now live with us. They plan to sell their house that now sits empty. My parents have agreed to either give us money towards our remaining mortgage or pay us... View More
answered on Jan 27, 2021
A lump sum would definitely raise red flags as a gift and would have to be justified, documented and argued. Reasonable rent is easy to justify and document. It would be good to have a written lease and have them pay you rent, you can always apply it toward extra principal payments on your... View More
We are co-trustees and co-executor. He is willing to provide any PoA required to avoid travel? We are siblings and have no disagreement and each are 50/50 benefactors.
answered on Jan 26, 2021
He should be able to sign a waiver of qualification form and allow you to qualify without him unless the Will specifies that something different happen under the circumstances that he is not able or willing to serve.
She told me to withdraw the money if she died suddenly - her will was not complete - she gave me PIN number I did - she also told me to use credit card I did - family wants money back ? What do I do - I have a paper I wrote down and she initialed it before she died - she died suddenly without... View More
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answered on Jan 13, 2021
This is a really sad situation. Your friend did not engage in proper estate planning and you could end up being the victim of that. Most likely you are going to have to return the money. In situations like this you need to be able to produce SOMETHING in writing, signed by the decedent, that... View More
answered on Jan 10, 2021
The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.
answered on Oct 4, 2020
It is impossible to answer a bare question such as you posted without any context - is the firm the executor of the estate or do they represent the executor? If so, then yes they can.
Dad wanted me & my brother to be co-trustees. My mother redid the trust and named my brother & herself as co-trustees. They tried to keep Dad's will out of my hands. I finally got a copy from her lawyer. Seems fishy to me.
answered on Sep 27, 2020
If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of... View More
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... View More
answered on Sep 25, 2020
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... View More
It's in Virginia.
answered on Aug 25, 2020
You will have to pay taxes on the land that you sell if the value that you get for selling the property is larger than the value that you inherited the property at. When you inherit property, the estate tax takes care of the taxes due on the difference in value that the deceased individual holds... View More
ROANOKE, VA NOT MASON, OH...My brother is the executer of my aunt's will that died Nov 2019. He's lied to all of us, supposedly the only 3 expensive pieces of jewelry are "missing" & he told the insurance inventory there wasn't any. He's a jerk to everyone, partly... View More
answered on Aug 5, 2020
This is the second time I've read this question, but I still don't have an answer you can DIY without a lot more interviewing and potential filing. You need a lawyer, and the lawyer may be able to petition for you to be executor because your brother declines to serve. If the estate is too... View More
Half sister's name was added to moms bank acct after dad passed, so she says the money is hers. Is this true even if the will states all assets are to be distributed evenly to all heirs? She says low bank balance, but I know otherwise. Are we able to view bank records? Shouldn't she have... View More
answered on Aug 4, 2020
This definitely is going to be something to discuss with an attorney who regularly works with probate.
The executor has control over personal property for the payment of debts, taxes, etc., but there is generally a fiduciary duty that the executor refrain from self-dealing. The executor... View More
I have no clue of his will
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
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answered on Jul 15, 2020
Not sure of your question. But it sounds like NJ Intestate Secession probably makes the Decedents' issue Heirs-At-Law along with the surviving spouse. And all Heirs are needed to convey.
answered on Jul 15, 2020
The challenge that you may make will depend on the status of your father's Estate, whether it is still in the probate court or was already closed by the probate court.
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... View More
answered on Jul 10, 2020
I'm sorry for your loss. You may not have to do very much as everything was POD. And that included 'probate'.
I suggest you consult an attorney - in Virginia - to advise you and reassure you of where you are. Elder Law attorneys are familiar with estate law and procedure -... View More
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