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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
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.
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.
We have a copy of the original will. How do we find out what insurance policies she had?
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
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.
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
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.
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
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.
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
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.
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
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.... View More
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
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
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
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
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.
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
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?
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
My mother is her sister. Their brother is deceased.
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
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?
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
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
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
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.?
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
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
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.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
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
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
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
answered on Feb 24, 2018
You need an estate planning or probate attorney to assist her.
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