Waste is always prohibited. The definition of waste is much more complicated, but it puts a floor under the duty to maintain the property.

Interstate succession in Birginia is as follows:

all to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.... View More

The probate needs to be filed in the county where your father resided at the time of death. If he was merely visiting, that doesn’t count. If he changed his residence to Arizona, by, for example, buying a house, signing a lease for a term, changing his drivers license, or other indicia of... View More

It certainly sounds like you need a lawyer. What I don't read in your story is a question. Let me infer that you are asking how to find a good estate litigator. I suggest you visit Avvo.com. Navigate to Find a Lawyer. Type in the county where your mother resided at time of death. Type in... View More

"[Virginia] Code § 64.2-200. Course of descents generally; right of Commonwealth if no other heir.

"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:

"1. To the surviving spouse... View More

While I believe there is a presumption that a will favoring a spouse is invalidated by a divorce, and, if your actual will says "my spouse", rather than including her name, then the grant probably fails anyway. You have no spouse. But, it is foolish to rely on that. After a divorce, you... View More

Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your... View More

A Will is not self-effectuating. The Will is "accepted into Probate" before it becomes effective. So, for the Will to be acted upon, a personal representative (executor) needs to be appointed, and that executor does as the Will commands. Thus, the property did not become a part of the... View More

If you are the Executor, you are blatantly incompetent and need to be removed or get advice on how to do your job better. Why is the estate's money in an account that anyone other than the court-appointed executor can access? Is it still in the decedent's name, and the bank hasn't... View More

It doesn’t sound like a Medicaid issue, so I am guessing it is a normal conservatorship. Have you talked with the guardian ad litem appointed for your mother-in-Law?

This cannot be conducted by open forum. Your husband needs a consult with a lawyer.

More information is needed. Are you talking about a home owned by the mother, a lease, or a public assistance housing rental? What do the relevant documents say? Does the mother own anything, and, if so, has the Commonwealth taken her assets via the courts in parens patria or was it taken because... View More

There are several situations in which the administrator can compel the production of bank records. There is insufficient information to determine the purpose of doing so, and whether it is allowed under the law. If you are concerned about this process, you should speak with a lawyer to discuss in... View More

The adoption should have terminated the parental relationship between the child and bio parent.

If there is no will, then property distribution goes by law. There would be no child due to the adoption of the deceased parent to receive property.

If the deceased parent made a will,... View More

You questions, as phrased, are too confusing for me to get an accurate picture of your situation. I don't know what you signed that would get you liable for your parents' reverse mortgage, but, under Virginia law, the house passes to you in intestacy if you are the proper heirs. As such,... View More

Depending on the value of the home, whether there was a mortgage on the home, and how the home was transferred there is a strong probability that additional steps must be taken to manage the home and not have any adverse consequences down the line. You should schedule a meeting with a Probate... View More

In Virginia, the annotation of change of title to land that is inherited is taken from the probate records. The executor is correct. To be sure, wait a couple weeks and order a title search on the property. Your name should appear on the top of it.

I really need a real interview to capture the full family tree to determine whether either of you is an heir of the estate. But, if both you and your half-brother are related through the same father who has predeceased but was closest heir, you both have equal positions in title. Where he lived or... View More

A power of attorney allows a principal to designate specified powers or authority to an agent. However, the principal must be legally competent when creating the power of attorney. If your wife is sufficiently mentally ill that she is no longer competent, then she cannot create a power of attorney.... View More

I’ve handled a bunch of three, and they are fun cases, but that’s from the lawyers’ perspective. First, there is no such thing as “heir property.” The term is a byproduct of the Jim Criw South and a pun on the word “air” indicating that title is “in the air. Correcting it is a... View More

Call the probate clerk and ask or, in some counties, go on line and look it up. If Counsel has entered an appearance, there will be a Praecipe with counsel’s contact information. However, in the same Internet world that brings you Justia, there are now partial appearances, where lawyers advise... View More