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She was told she had to split the estate with 2 of my cousins from an already deceased sibling. Is this true? And if so, how much is she required to split it? 50-25-25, 33-33-33?
answered on Mar 25, 2020
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... View 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... View More
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answered on Mar 19, 2020
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... View 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... View More
answered on Mar 2, 2020
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... View More
Can I just make a note in the documents, or do I need to see a lawyer.
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answered on Feb 25, 2020
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... View More
She was in Va. Who becomes the beneficiary now?
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answered on Feb 24, 2020
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.
Can the house just be left in the step-father's name, and not be considered an asset of my father's?
answered on Feb 5, 2020
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... View More
And even her home equity line of credit. I was only made aware because I am the executor of her estate. And they hadn't had any payments. What can I do? All 3 son's was beneficiaries on her accounts.
answered on Jan 30, 2020
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... View More
My ex and I divorced 6 years ago. We had a jointly titled exotic car. In our divorce decree, my ex was supposed to pay me for my share of the car before he could retitle it into his name alone. He made a few payments then stopped. He subsequently died and now the executor of his estate is... View More
answered on Jan 20, 2020
Your question does not match your description of the legal problem. Joint property with a right of survivorship will pass to the survivor upon the death of a co-owner. In Virginia, divorce severs survivorship rights between spouses. The estate would now include your deceased ex-husband's... View More
There are no children involved in the 18-year relationship. We are more concerned with something unexpected such as an accident rather than separation.
answered on Jan 13, 2020
No, durable powers of attorney and advance medical directives do not create the same rights and duties as marriage. The public policy of the Commonwealth support marriage as a fundamental institution of society in ways not enjoyed by mere parties to a contract. Spouses enjoy a number of rights and... View More
answered on Jan 8, 2020
When a person dies owing back child support, the debt passes to the estate. That debt is owed to the custodial parent and not to the child. Normally, this person would need to file a claim with the probate court in order for the debt to be recognized. It does not appear that you, as administrator... View More
This to ensure my kids get half the house in case I pass first.
answered on Jan 5, 2020
Most married couples in Virginia own their real property as tenants by the entirety with the common-law right of survivorship. This tenancy is based on the old common-law fiction that a husband and wife were a single legal unit. Each spouse owns the undivided whole. Upon the death of either, the... View More
left my grandmother house to her husband. I've been asking him for it for 2 yrs for the house & all he says is let me think about it. Is there I way I can get my gma house from him? We live in VA but the house is in NC.
answered on Dec 29, 2019
You need to review each of the estate's before reaching a conclusion. Some things are clear from your recitation of facts, however. The house no longer belonged to your grandmother by the end of 1998. If she didn't have a Will, the house then belonged to whomever was named as a successor... View More
I live in VA. I also have a son with my former spouse. She is receiving spousal and child support.
answered on Dec 3, 2019
Hello,
There is no requirement that you include a former spouse in a will in Virginia.
My Father passed in January and left his personal property and his home to his children. The widow of 8 years is not
cooperating and I would like to sell the home to settle my Fathers affairs. The widow believes everything is hers and will not allow us to have the person family items.
answered on Nov 26, 2019
You do not indicate in your question whether your father died testate - with a will - or intestate - without a will, whether his surviving spouse is claiming any statutory rights to his augmented estate or family residence. I would assume he died with a will because you do not recognize any rights... View More
Is there anything I can possibly do ?
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answered on Oct 27, 2019
If your father died without a will, then his children should have inherited about 2/3 of his estate at that time. If you did not inherit anything, then either he had a will leaving everything to his wife, or his estate was not probated, or his estate was probated and there was fraud on the court.... View More
If someone is the nominee of a person when he/she is alive, does that person remain a nominee if the other individual dies or does that person become the owner of the dead person's property?
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answered on Oct 17, 2019
If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the... View More
Grandparents passed with a will stating equal distribution among the surviving children. One of their children passed without a will. Sale of grandparents real estate to be divided among children of the recently deceased. Fathered a child outside of wedlock. Child was left out of listing of heirs... View More
answered on Oct 10, 2019
This is a somewhat complicated issue which should be discussed with an experienced Virginia probate lawyer with the benefit of an illustration of the family tree. Generally, a child or descendant of a child, born out of wedlock, has the essentially the same rights as an heir as the other children... View More
My uncle passed with no will. My aunt and my mother are only surviving family . My aunt was the power of attorney before he died. After his death she sold property of the estate and gave other things away without consulting my mom. I became administrator of his estate. There is a house that is... View More
answered on Sep 13, 2019
Your options as I see them without an interview are:
1) Accept that your aunt is stealing from the estate. As Administrator of the estate who failed to protect the estate, you are likely to be personally liable for her thefts.
2) Resign and report the thefts to the Court. Let is be... View More
She is 95, entering long term care. Deemed incapacitated. 3 daughters want to empty her apt and distribute her things now while she is still living.
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answered on Aug 7, 2019
If you have a power of attorney from her that allows you to make gifts, then you can do that. Please note, however, that gifting authority in powers of attorney is not common. Absent a power of attorney, one of you will need to petition the court to be appointed as conservator of her estate.
Estate attorney is pressuring me to sign. Other beneficiary (also the Executor) likes the proposed distribution, so I’m the holdout. Jurisdiction is Fairfax, VA.
answered on Jul 28, 2019
Is there a specific issue? Have they responded to it? Is it what the will (or law) provides?
If you don't sign, then (1) you'll have to hire a lawyer to represent you when (2) the executor files in court to have the judge declare exactly what is to be paid to you. Your... View More
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