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....Read more »
If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer...Read 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... Read more »
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...Read more »
They knew about me and my father's septic business, but they never mentioned neither in their probate process.i just found out today that they are listed the only two heirs and his wife who is not either of our parents just passed away 4 months ago.
If your father died without a will, yes, that is fraud to mention fewer than all of your father's children, unless he relinquished his parental rights sometime in the past (for example, gave you up to be adopted by someone else).
If your father had a will but disinherited you, you should...Read more »
I am very sorry for your loss. Without a spouse, siblings or children, his estate must be distributed to his parents' kin, half to the paternal side and half to the maternal side. Girlfriends and boyfriends never inherit under any state's laws of intestate succession. He would need to have...Read more »
I have sent my aunt the paperwork from the courts and the renter of the house by certified mail. They have not abided by the court papers and sent me any info or rent money for the house. The rent we believe is still going to my aunt who is not executor or administrator to the estate . Can we go... Read more »
I think I answered this one before. You have a duty assumed in your appointment as Administrator to marshal the assets, and that means using the power of the court to determine what is going on. Whether you do that by discovery in a chancery case or show cause orders or other motions depends upon...Read 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... Read more »
My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »
In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.
I don’t understand what you are asking. First off, I don’t understand how “part” of an estate is in probate. All probate assets should be identified in the Inventory. If some of your inheritance is outside of probate in life insurance, funds naming a beneficiary, or joint titles with rights...Read more »
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 expenses: your...Read more »
You need to consult a lawyer. Paying taxes and maintenance had no relationship to owning title. And, your entitlement to contribution depends on your record keeping and the statute of limitations. With a proper strategy, you might persuade the title owners to give or sell you title.
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 »
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