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Virginia Probate Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Landlord - Tenant for Virginia on
Q: Do I write a rental INCOME check to my uncle's estate? my cousins want check written to them.

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... View More

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2018

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.

1 Answer | Asked in Probate for Virginia on
Q: What elements are required for summons of heir publication.
Richard Sternberg
Richard Sternberg
answered on Aug 15, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: What is required to settle the estate and financial accounts of a deceased parent without an original will?

We have a copy of the original will. How do we find out what insurance policies she had?

Richard Sternberg
Richard Sternberg
answered on Aug 7, 2018

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... View More

1 Answer | Asked in Probate for Virginia on
Q: Which law will govern the probate of a will if I am the spouse and the will is being challenged by a "girlfriend"?
Richard Sternberg
Richard Sternberg
answered on Jul 25, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: My sis is administrator on our late mother’s estate. SHe has to provide a report to the court about what she has done.

They said after a certain date I can request a report. How do I do that? Do I have to file a motion? Do I write a letter? I’m just lost and have no money for a lawyer.

Also she has taken a significant amount of money that I know she will not account for she says she doesn’t have any... View More

Richard Sternberg
Richard Sternberg
answered on Jul 13, 2018

Look up and call the Commissioner of Accounts for your Circuit. Make an appointment and describe the issues accurately and succinctly.

2 Answers | Asked in Landlord - Tenant and Probate for Virginia on
Q: Can landlord keep next of kin off property after a death for next of kin to appraise property?

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,... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 19, 2018

If she refuses to allow you in the property to have an appraisal performed, you will need to get a court order that requires her to let you on the property.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: My adult children's father passed,away in carrollton va. fathers name & live in girlfriend is on estate.

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

Is saying she knows nothing about that.... View More

Richard Sternberg
Richard Sternberg
answered on Jun 15, 2018

Someone needs to pay for a legal consultation and potentially an investigation before the house is sold. You need a title search and a court record search for a Will.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: This is an Intestate Succession Question concerning adult child with no spouse or children passing away Jan 2018.

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... View More

Richard Sternberg
Richard Sternberg
answered on May 6, 2018

Interstate succession in Birginia is as follows:

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....
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1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: My daddy recently passed away in Arizona. I currently live in Virginia. Do I need a probate lawyer in Arizona or Va

My daddy had lived in Arizona for a few years and his will is missing but I know he has one bc he is a retired firefighter

Richard Sternberg
Richard Sternberg
answered on May 5, 2018

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... View More

1 Answer | Asked in Contracts, Estate Planning, Libel & Slander and Probate for Virginia on
Q: My mother died and left my only sibling, a "deed of trust" which reduced me to 1/3 of estate. How can I contest this?

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.... View More

Richard Sternberg
Richard Sternberg
answered on May 4, 2018

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... View More

1 Answer | Asked in Probate for Virginia on
Q: My mother passed away in January, she was married to my stepfather. My mother gave me the title to her mother's mobel

Home, my stepfather says I can't live there anymore, we live I Virginia, can he legally do this to me, I have lived there the last 3 years.

Richard Sternberg
Richard Sternberg
answered on Apr 21, 2018

A mobile home usually includes both the home and a piece of real estate on which it sits. If you have proper title to both, then I would ask your step-father what rights he believes he has as to your home. Otherwise, you need to confer with counsel to explain what you own and what rights you might... View More

1 Answer | Asked in Probate and Estate Planning for Virginia on
Q: My will names my spouse as beneficiary but we have since been divorced. Will a judge award her the property if I die?

My will states "If my spouse survives me, I give my remaining tangible property to my spouse". We have since been divorced. Will she still be the beneficiary or will it pass to my kids?

Richard Sternberg
Richard Sternberg
answered on Apr 14, 2018

While I believe there is a presumption that a will favoring a spouse is invalidated by a divorce, and, if your actual will says "my spouse", rather than including her name, then the grant probably fails anyway. You have no spouse. But, it is foolish to rely on that. After a divorce, you... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Virginia on
Q: My Aunt recently passed, no will. She was single, no children. How would her estate be separated?

My mother is her sister. Their brother is deceased.

Steve Miyares
Steve Miyares
answered on Apr 6, 2018

Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Force sale of inherited property?

My mother passed away in 2014. Left her house to 6 children in her will. 4 wanted to sell. 2 wanted to keep. 1 of the keepers passed away recently. Those wanting to sell still want to sell. Is there any recourse to force sale?

Richard Sternberg
Richard Sternberg
answered on Apr 2, 2018

Yes. The action is called a Petition for Sale in Lieu of Partition. The elements require that the property not be severable. A house isn't severable. Five Hundred acres of farmland is. An apartment building might be. The other element is that one of the owners wishes to sell. There are few... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: My mother had a living trust and i have been trustee since her incapacity in 2014 and I am the sole heir.

she passed away in October 2017 and a tract of property was never titled in the trust, although her will says at death any residual property becomes part of the living trust. When I filed her will the estate is in probate but my estate attorney says I need to transfer the property from me as... View More

Richard Sternberg
Richard Sternberg
answered on Mar 14, 2018

A Will is not self-effectuating. The Will is "accepted into Probate" before it becomes effective. So, for the Will to be acted upon, a personal representative (executor) needs to be appointed, and that executor does as the Will commands. Thus, the property did not become a part of the... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: I inherited property in NC when my father died in 2005. I live in VA. I need to have my name placed on that deed.

The property is owned by 2 others as well, and we all would like to sell the property now. How do I go about getting my name on the deed so it can be sold? Does that have to be done in person or are there alternatives.?

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2018

If all owners agree as to ownership, there is usually no need to conform the title before sale. Unless the title is so damaged that a claim to quiet title is required, all three of you should sign a listing agreement to put the property on the market, and the title agent will correct title at the... View More

1 Answer | Asked in Probate for Virginia on
Q: Gfather passed on 01/10/17. Uncle left as executor. Nothing done since his death. What should have been done already?

My grandfather passed on 01/10/2017 and left my uncle, his oldest child as the executor of his estate. In his will it says, in short form, that his house and belonging are to be sold and split between his four children. My mother and aunt are included in his children but are being left in the dark.... View More

Richard Sternberg
Richard Sternberg
answered on Mar 3, 2018

Petition to remove the executor for self-dealing. But, it would be best to know what you are talking about and use counsel, because courts disfavor should petitions, especially by pro se parties.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: My sister usurped my authority of Executor of my mother's estate. She refuses to give me any receipts. What should I do?

1.How to stop someone from using decedents estate monies excluding the Executor's permission.

2.Do the Executor need to bring an injunction? How?

3.Generally, what does it cost? Could the cost be taken from the estate by the Executor?

4.Can the person claiming, without... View More

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2018

If you are the Executor, you are blatantly incompetent and need to be removed or get advice on how to do your job better. Why is the estate's money in an account that anyone other than the court-appointed executor can access? Is it still in the decedent's name, and the bank hasn't... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: What happens to an estate/house when a mother passes away and does not leave a will?

There are 3 adult children involved and one of whom has lived in the house in question for 15+ years. In addition, the house is not in probate. Also, can one of the other children that does not actually live in the house take and sell things from the home even when those items do not belong to... View More

Richard Sternberg
Richard Sternberg
answered on Feb 27, 2018

First, unless they want to create a mess that will be more expensive to fix in the future, one of the natural heirs opens the probate. If the house doesn’t need to be sold to cover debts or to make a fair distribution, title moves to the intestate heirs recorded as an entry in the probate rolls.... View More

1 Answer | Asked in Probate for Virginia on
Q: My friend’s Grandma left her $15,000 but she is not talking to her family. What kind of lawyer would she need to get?
Jonathan R. Roth
Jonathan R. Roth
answered on Feb 24, 2018

You need an estate planning or probate attorney to assist her.

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