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I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... View More 
answered on May 21, 2020
I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not... View More
answered on May 11, 2020
File what? Where? For what? After she has mishandled the trust in what way?
Obviously, your ability to describe your actual issue is severely impaired. But, the Internet is not a place to fix that. The things you are not telling us are not privileged and can come back to haunt you. Get a... View More
And was with freedom agency. Am I responsible for paying it ,no will, she did buy my son a truck in her name and the house is in both mine and her name
answered on May 9, 2020
Virginia would not consider you divorced unless you filed for divorce. From there, intestacy procedures and the terms of the contract for the credit cards would apply. In theory, you should be able to contact the credit card companies and close out the accounts if they are solely in your... View More
In my father's will he has written, verbatum; "Pursuant to Section 64.2-400 of the Code of Virginia, as amended, I may leave a signed writing indicating certain specific bequests or certain items of my tangible personal property that I direct to be distributed to the persons specified... View More
answered on Apr 14, 2020
Virginia Code Section 64.2-400 refers to a separate list of bequests that will be treated as if they were set forth in the will. The separate writing need not qualify as a will itself. This way, the testator may draw up and change a list that should be honored by the executor or personal... View More
My mother died last year and my brother and I were the only two heirs named in the will. I am the executor.
The will states that the house is to be sold and proceeds (along with other estate assets) be divided between us.
The issue was the house was very outdated and had bad water... View More
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answered on Apr 11, 2020
You would account for that those deposits as loans made by you and your brother to the estate (loan proceeds) and when the estate has the funds to repay them then you would account for those disbursements as loan repayments.
Over her affairs. My son and I along with my mother’s youngest son were living in the home at the time she passed. The youngest son is not working and I have been paying all the bills and taking care of all the maintenance of the home. He has had opportunities to work and not gone. Can I legally... View More
answered on Apr 10, 2020
If a Virginia resident dies intestate, without a will, his or her real property "drops like a rock" into the names of the heirs as owners. A real estate affidavit may be filed to give public notice of those owners in coparcenary, now tenants in common. Co-owners of property have equal... View More
My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators... View More
answered on Mar 3, 2020
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... View More
answered on Mar 2, 2020
Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to... View More
Grandma was sick and stayed with daughter in NC a few months b4 her death in NC. Do you have to probate both states, if Grandma was just there temp due to sickness. Executor died and no co-exc named in will, however; Grandma's will states heirs split property equally. What are the next steps... View More
answered on Feb 28, 2020
If Grandma was a resident of Virginia, as can be shown by a variety of indicators, like where she had residential property, where she had a driver's license, where she paid utility bills, etc., then the probate is where she resided. Temporary residence during a terminal ailment doesn't... View More
answered on Feb 28, 2020
Virginia still uses the old, pre-UPC terms for fiduciaries, so the terms are executor/executrix, administrator/administratrix, and administrator/administratrix c.t.a. Often, the UPC term
personal representative is used to include all of those terms. A Executor administers a will in a... View More
The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self
answered on Feb 26, 2020
Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.
Our eldest cousin was her power of attorney and is listed the only one on her will. What is my rights to living at the resisidence
answered on Feb 26, 2020
I'm sorry for your loss.
You may not have many rights, at all. Your phrase 'only one on her will' doesn't give me guidance: is she the only person named to inherit grandmother's property, or is she the named executor? Does the executor have authority over the real... View More
Change he/she change the percentage on three different properties so all three equal 100% for each person.
answered on Feb 16, 2020
You have not provided any facts in order for us to review your question in context with the estate. Was there a will? What did it say about the property? Were there any other assets distributed other than real estate?
And there is no official named "Probate Judge" in Virginia,... View More
My grandfather passed away in late 2019. His will says that all belongings should be divided equally between the 4 children. My uncle is named executor but he has yet to file the will into the probate court. Can he try and sell my grandfather's home to a family member for half of fair market... View More
answered on Feb 16, 2020
In Virginia, real estate passes outside of probate. If the unappointed executor is acting in derogation of the Will, and the Will has not been filed, you need to file the Will and move to appoint an Administrator cum testamento annexo (c.t.a.). This needs to happen now and it wouldn't be a bad... View More
Can the house just be left in the step-father's name, and not be considered an asset of my father's?
answered on Feb 5, 2020
Most real estate financing in Virginia is secured by a deed of trust rather than a "mortgage", although that term is used in a general sense for any loan secured by real estate. Title is determined by the deed and the chain of title, not who may or may not be liable on the note secured... View More
And even her home equity line of credit. I was only made aware because I am the executor of her estate. And they hadn't had any payments. What can I do? All 3 son's was beneficiaries on her accounts.
answered on Jan 30, 2020
It is probably a good idea to review the facts with a lawyer. It might be that your brother had the right to do that, or he might have been abusing your mother by stealing her money and stealing from the estate. You may be able to collect it back from him or take it as a credit against his... View More
left my grandmother house to her husband. I've been asking him for it for 2 yrs for the house & all he says is let me think about it. Is there I way I can get my gma house from him? We live in VA but the house is in NC.
answered on Dec 29, 2019
You need to review each of the estate's before reaching a conclusion. Some things are clear from your recitation of facts, however. The house no longer belonged to your grandmother by the end of 1998. If she didn't have a Will, the house then belonged to whomever was named as a successor... View More
My Father passed in January and left his personal property and his home to his children. The widow of 8 years is not
cooperating and I would like to sell the home to settle my Fathers affairs. The widow believes everything is hers and will not allow us to have the person family items.
answered on Nov 26, 2019
You do not indicate in your question whether your father died testate - with a will - or intestate - without a will, whether his surviving spouse is claiming any statutory rights to his augmented estate or family residence. I would assume he died with a will because you do not recognize any rights... View More
Is there anything I can possibly do ?
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answered on Oct 27, 2019
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.... View More
answered on Oct 10, 2019
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... View More
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