I'm sorry for your loss. You need to see an experienced probate lawyer quickly - there are several different ways this could turn out as to property in his sole name. Assuming the 'joint' property was with survivorship, then that is yours but there is some simple paperwork that may need to be...Read more »
It is difficult to pursue a claim as small as $13,000 with a claim involving a declined probate. It isn't as simple as a General District Court case, because it needs to start with the opening of a probate and might lead to a contested and hostile petition for probate by you in spite of not being...Read more »
A close friend and business associate recently past away and his brother is the executor of the estate. I have attempted to contact his brother many times over the past few months. At first he was communicative, but now he will not respond to email or telephone calls. Our business interests were... Read more »
You need to file and pursue a claim timely or it is lost forever. The deadlines are strictly enforced. The effect is complete. I know if no basis for you to collect attorneys fees for pursuing your claim. You need to consult with counsel immediately.
My father died by suicide on May 22nd 2018. He was living in Elk Creek at the time in Grayson County. At the time his wife of almost 8 years had been living in New York more than in Virginia with him. She was in Virginia when this happened. I would like to have become a co-executor of the estate... Read more »
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion...Read more »
She's on unsupervised probation for a minor drug offense, but was supervised previously. She just got a reckless for going 80 on the state lines of VA and NC, the speed changed quickly. She has her lawyer, but hasn't talked to her yet. In your opinion, will she stay out of jail time? She has done... Read more »
And conference calls to guide them through what needs to be done. Now I after Doing reserch on unsupervised/supervised lawyer did lots of unesscary waste of resources. My father and aunt are both old and not for one second out of all 10 kids would believe they purposely took money this was for the... Read more »
If you have doubts about the handling of the estate, you need to consult with an experienced lawyer. An Internet website cannot review the bills, investigate the services, and evaluate the costs and benefits of challenging the fees or the distribution of assets. If you are asking whether you can...Read more »
We have one heir who probably won't sign papers for even distribution of property. Is there is an advantage here for co-executors to be appointed as listed in the will to avoid this one estranged heir and decide the outcome for the property?
“Advantage” should have no relevance to the appointment of an executor in a testate estate, and title to the land passes in Virginia outside probate subject to the actions of the executor in administering the estate. In other words, your question makes no sense, and the uncooperative heir or...Read more »
If it was executed correctly, it's a self-proving will signed by two or three witnesses before a notary public, and it is no problem at all. If the testator went the lawyer-free way, Virginia Code § 64.2-403(B) provides that: "A will wholly in the testator's handwriting is valid without further...Read more »
The trust assets have been distributed except for a small lot of land in Virginia that is titled in his name only and was never moved to the trust. I now have a buyer for this property and I have had 5 different lawyers tell me 5 different things regarding "retitling" and selling this land.... Read more »
Typically, probate is required to pass title to real estate of a person who died as the sole owner. If the "pour-over" will was probated, in California, a probate in Virginia would be considered ancillary. Either way, the will probated in Virginia would transfer title to the property into the...Read more »
My aunt, who is the admin of the estate, has told me conflicting things from the copy of my grandmothers will I received at the courthouse. In the copy I received from the courthouse, me and my two siblings are to split a 4th of my grandmothers estate because my father passed when I was younger.... Read more »
I wouldn’t be a bad idea to retain Virginia counsel to review the Inventory and First Account, but investment accounts with designated beneficiaries generally pass outside the Will and the probate estate. So, if you are not listed as a beneficiary of those accounts, the Will may not matter in...Read more »
MY uncle and i owned my grandmother house together, which i have rented for several years and he pasted away Aug 2018. The renter pays me. I wrote check to my uncle's ESTATE for half the rent less expenses and my cousins want me to write a check directly to them. They say there is no will and no... Read more »
You need a consult with a competent lawyer. First, it isn’t clear whether you owe rent. Co-owners don’t pay rent, though your contracts and deed may reverse that. Second, you need to understand title before you pay anyone anything. Payments to the non-owner may not satisfy any rent that is due.
If you are going to do it yourself, the smartest thing is to do it the way lawyers do it: Open the Code and do exactly what it says. The Code is published on-line, and all I'd be doing is cutting and pasting it into this response.
The original Will makes things much easier, because you may otherwise need to prove that the original wasn't destroyed intentionally by the testator. If the Will matches the intestate succession, the process is likely to be easier, but, if faced with a challenge, you will definitely need counsel....Read more »
The law of the jurisdiction where the decedent resides at the time of their death will be applied to determine the validity of the Will. In some cases, if the Will was created while the decedent resides elsewhere, that law will apply.
My father lived in a house owned by his former MIL and worked the farm for her. His 2nd wife passed away in 2000 and he continued to live on property until his death last week. He had lived there since 1987. He remarried in 2008. My former MIL is not allowing anyone, including my stepmother,... Read more »
Are his biological children intitled to his portion of the home, as the girlfriend recently had her name added to the home, and is selling it. The father told me the kids were taken care of, but he passed away & the live in girlfriend
My Half-Sister passed away Jan 2018. My Mother had her before me, was divorced and the Father obtained custody. From what I understand my Mother did not have a relationship with her and I never met her. Since my Sister had no spouse or children, nor did she have a will, I understand the parents... Read more »
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....Read 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...Read more »
My sister has negatively interfered with my relationships with my mother and father for years. She lives in the same town as they do (did, in my mother's case), and I live 7,000 miles away. I traveled to Virginia to be with my mother last December during her last days on Earth in a hospice. My... Read 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 "probate"...Read more »
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