Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action
answered on Aug 2, 2023
AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so... View More 
Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action
answered on Aug 3, 2023
The personal representative of an estate is either an executor or an administrator. An executor is named in the will or an individual who qualifies for the role when the named executor declines or is unable to exercise that role, or the will fails to name an executor. The successor executor is an... View More
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... View More
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... View More
answered on Apr 28, 2023
It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More
answered on Apr 29, 2023
One of the challenges with trusts is funding. Title to property must be transferred to the trust by conveyance to the trustee of the trust in order for it to be part of the trust corpus, or body of property in trust.
Title to motor vehicles in Virginia is evidenced by a DMV Certificate of... View More
the child had no desire to be part of fathers life and he has been married for 13 years to his present wife & she has helped in the marriage
finances. The father has passed & his wife is his beneficiary.
answered on Apr 16, 2023
Co-sanguinity and marriage determine legal rights in an intestate decedent's estate. It is not necessary for a blood relative or cohabitating spouse to have had a close relationship with the decedent, except that a spouse who deserted or abandoned the decedent during his or her life loses... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 9, 2022
Three critical issues, two which the other lawyers mentioned.
First, what does your mother's will say? The language in it is critical.
Second, is the timing of their respective passing. if your mother passed first then your brother, then his wife and/or children could get... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
It's not that simple. You need to read what the Will says, determine whether the named beneficiaries are renouncing formally, and then apply the facts. Do yourself a favor and buy a consult from a local lawyer.
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying... View More
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... View More
answered on Nov 12, 2022
In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.
There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation... View More
My sister sold his house in Chicago and moved him to Virginia three months before he passed away. I checked the Prince William County Probate office and a Will has not been filed. What Kind of attorney should I look for? I need an Virginia attorney.
answered on Nov 3, 2022
Attorneys who help people with property of an estate of a decedent, typically identify themselves by one or more of the following practice areas: probate, estate administration, elder law, or wills and estate planning. Usually, the last residence of the decedent is the proper place or... View More
My sister sold his house in Chicago and moved him to Virginia three months before he passed away. I checked the Prince William County Probate office and a Will has not been filed. What Kind of attorney should I look for? I need an Virginia attorney.
answered on Nov 3, 2022
It sounds like you need a lawyer who covers probate in the suburban Virginia. There are many of those, and if you become the administrator, you might eventually be able to pay for counsel from the estate's assets. But, you need to start with a consult, and many lawyers offer Zoom consults.
My fiancée of whom we shared a child together passed away unexpectedly from a stroke. And of course it’s a case of I ntestate succession. Vital statistics customer service told me that since our daughter is a minor and I am not next of kin I can’t obtain a death certificate. Is this true??... View More
answered on Sep 14, 2022
Interesting issue. His daughter plainly has standing, and you are surely eligible to be her next friend. But, let's start simpler by approaching this through the need you have. If he has an estate, are his parents filing it? You don't need the death certificate if they get it unless... View More
My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... View More
answered on Aug 31, 2022
The correct answer depends on the form of title and the order of the passing of the grantors, so you start with reading the deed and an interview. But, in a Virginia estate, the property passes outside of probate subject to being recaptured for creditors. If the son is disabled and potentially... View More
My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... View More
answered on Sep 1, 2022
When a Virginia resident dies intestate, without a will, the real property "drops like a stone" into the names of the heirs at law. The heirs at law are the persons specified in the course of descents in Virginia's intestate succession statutes, Sections 64.2-200 to -206. You do... View More
My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... View More
answered on Sep 1, 2022
Both Mr. Sternberg and Mr. Wilson are correct, and the answer can be complicated depending on family history. Simplistic analysis: ASSUMING Sister and Husband were parents of nephew (son) who was their only child. He owns the property whether or not their estate was 'put through... View More
I live in PA and the house is in VA, what would I have to do to get my half of the equity in the property
answered on Aug 28, 2022
You must first check the tenancy on the deed. If your brother and his friend owned the property as joint tenants with the common-law right of survivorship, it passed to his friend upon his death, and you have no rights to it. If they were tenants in common, you should record the will. You will... View More
I live in PA and the house is in VA, what would I have to do to get my half of the equity in the property
answered on Aug 27, 2022
The answer depends on a number of issues, but, at least theoretically, you already own the property subject to the estate’s need to sell it to pay creditors. What you need to do is determine the liquidity of the estate and the complete title to the property, and, if you share title, determine the... View More
I currently have guardianship and conservatorship over my Aunt. She is elderly and in a nursing home with hospice care. Hospice has asked me to start preparing for her funeral arrangements. She has a living will that will leave everything to myself and my brother. Is there a legal way I am supposed... View More
answered on Aug 4, 2022
A living will is an advance medical directive. It contains instructions for medical care if the principal becomes incapacitated.
I will assume you mean a will and I will assume that your aunt resides in Virginia, although you appear to be posting from Maryland.
Once your aunt... View More
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