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 
Judge requests that I (only living heir) purchase a probate bond costing $8-10K. Judge said bond was needed to protect the other heirs in case I ran off with the shares of stock. However, it appears that Missouri law DOES NOT RECOGNIZE nieces & nephews as valid next of kin unless there are... View More
answered on Mar 8, 2024
If the level of the heirs at law gets to siblings, then nieces and nephews of deceased siblings (and even great nieces and nephews, if applicable), become heirs at law.
The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.
Additionally, the Residual Estate clause states that the property,... View More
answered on Jun 20, 2023
Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More
Father has left sister and I POA, we can act jointly or separately. Issue my sister aren't seeing eye to eye on is my father's 3rd largest asset (750K) is his home that is actually a vacation home. Lived there full time before he got sick. House is deteriorating, needs at least 35k in... View More
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answered on May 3, 2023
Hire a VA attorney to file a Conservatorship. The POA is not working, and was probably drafted in error.
answered on Feb 8, 2023
This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.
Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More
answered on Oct 1, 2022
There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More
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 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate
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answered on Sep 2, 2022
Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.
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
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
My father passed recently and we have the estate process going with my sister as executor. His bank account has enough to cover what we paid in funeral costs but there is 1 outstanding credit card debt so I was hoping funeral reimbursement superceded that.
answered on Jul 30, 2022
Section 64.2-528 of the Code of Virginia sets out the order in which debts are to be paid when assets in the personal representative's possession are not sufficient to pay all debts and demands. This is known as an insolvent estate. Funeral expenses are third priority, after costs and... View More
Estate includes condo that has sale pending. Executor wants to "gift" living siblings their portion before the sale is closed. My mother is one of the siblings. We have had not contact from executor or attorney before this. Not sure how far along in the probate process they are. Is this... View More
answered on Jul 25, 2022
A probate estate is administered in the state where the decedent last resided prior to his or her death. In Virginia, this does not necessarily include a nursing home or hospital where the decedent last lived. Residence is more than a physical presence in a given locality; it is the place where a... View More
The cashier check is made out to the deceased and drawn on the deceased bank account. The deceased bank account is frozen.
answered on Jun 29, 2022
You will need to make a claim in the deceased's probate estate, assuming there is an estate. If the account has a beneficiary and there is no estate, you may be out of luck. Consult legal counsel if the check is big enough to be worthwhile.
My mother died and had three life insurance policy’s. I was the sole beneficiary for all but one. The last one states it goes to the estatee, nobody was named. Who will that policy go to? Will it split between all children or will we have to go to court for one person to get it?
answered on Jun 3, 2022
A life insurance policy payable to the estate should be deposited in the estate account. The personal representative of the estate should have opened an estate bank account and obtained a taxpayer identification number for the estate. The personal representative must qualify through an... View More
Dad died in 12/2020 and her mom died early 2022. To my knowledge neither had a will. They live in Virginia.
answered on May 7, 2022
You might want a consultation with a Virginia lawyer to review the matter, but if the house was owned by dad and step-mom by entireties, and dad died first, the house belonged solely to step-mom when she died. I would think in a second marriage, the parties would title their home better, use a... View More
I suspect the executor, my older brother, stole money from my mother's estate during his 4 year executorship. We trusted him and didn't question expenses until the final accounting showed in the last year he spent large sums, giving us only general labels, such as "trip to... View More
answered on Apr 20, 2022
You need to speak with a Virginia attorney about this. You should do so as soon as possible since there may be time deadlines for you to act.
The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.
answered on Mar 15, 2022
Yes, the bills have to be paid ... but not by you. The creditors may file a probate estate for the decedent and/or file a claim in an existing estate, and they may get paid from the estate assets. Far more rarely, if the medical treatment was "necessary," which medical treatment is... View More
Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... View More
answered on Feb 18, 2022
It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... View More
What do we do if it's not in her name and only her deceased husbands name? There is one credit card that she is a joint user for. We have gotten death certificates so far but nothing else.
answered on Feb 10, 2022
The wife is not liable for credit card debt she did not contract to pay by being on the card or using the card. She may be liable if the charges were for something the law calls necessaries, like medical care, food, clothing, and other needs of her spouse, but that is liability for the necessary... View More
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