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the funeral home is holding remains hostage until its paid but they did not tell us he would not be creamated until it was paid and its been almost 2 months
answered on Feb 11, 2018
Sounds like a violation of law. Contact a member of the Va. Trial Lawyers Assn as there may be a claim for "misuse of a corpse."
Although my mom and I had a joint account and she did not want him to have access to our money,my brother feels he's entitled to half and has threatened to take me to court unless I give him half. If we do go to court, what information will I need to provide him regarding our account?
answered on Feb 3, 2018
The answer will depend on in which court your brother files his claim. If General District Court, there is no discovery. If Circuit Court or Probate Court, there is discovery but he had to file the right pleadings to get any documents.
My father passed in 2017 so the house is my mothers. I believe both of their names are still on the deed. There is no mortgage. Her will states that upon her death the house is to be sold and any proceeds go to me and my sister who are both executors. All other assets have us listed as... View More 
answered on Feb 2, 2018
The way you get the Will recognized and enforced is called probate, so yes. If you wish to avoid probate, you might move the house into an inter vivos, living trust. That increases some up-front legal expenses but saves probate.
Stepmom is 90 years old and has be dx with dementia. Her power of attorney, son has placed a lien on the sale of house because he wants more money. She does not know that he is doing this. My father passed in June and we have not been able to sell the house because of the lien. Her other children... View More
answered on Feb 2, 2018
It is possible that she is entitled to a larger statutory share by electing against the Will, but you need to evaluate the estate assets to compute that. In any event, you are going to need to petition the court for permission to sell or to quash the lien. When you find that lawyer, ask him or her... View More
How can I obtain a deed? The executor seems to think I do not need one.
answered on Jan 25, 2018
In Virginia, the annotation of change of title to land that is inherited is taken from the probate records. The executor is correct. To be sure, wait a couple weeks and order a title search on the property. Your name should appear on the top of it.
We have the same father who is the brother of my aunt who died intestate. He grew up in a different state with his mother who was not married to my father. My father was married to my mother. He died before my aunt. The succession will be niece and nephew. He is a half nephew. What is his... View More
answered on Jan 24, 2018
I really need a real interview to capture the full family tree to determine whether either of you is an heir of the estate. But, if both you and your half-brother are related through the same father who has predeceased but was closest heir, you both have equal positions in title. Where he lived or... View More
Want to relocate to Pittsburgh to be closer to our daughter and also gain access to better mental health services for my wife. She is so mentally altered that her sister and brother, both are low intellect and controlling, are manipulating her to stay with them. They are also adviser her to get a... View More
answered on Jan 23, 2018
A power of attorney allows a principal to designate specified powers or authority to an agent. However, the principal must be legally competent when creating the power of attorney. If your wife is sufficiently mentally ill that she is no longer competent, then she cannot create a power of attorney.... View More
My father passed away December 2017 with a will. It names my brother and I (only living relatives) as co-executors and heir to his estate. We cannot find the original and the courts will not probate the will without it. We can file intestate but that makes us administrators, not executors. What is... View More
answered on Jan 23, 2018
As administrators several things are different. 1) you will have to post a bond with the court which isn't cheap. 2) you will not have the ability to sell the real estate until probate is completely closed out barring a request of permission with the court. However, there may be a way around... View More
How do I find out who the attorney is that is handling my moms estate?
answered on Jan 9, 2018
Call the probate clerk and ask or, in some counties, go on line and look it up. If Counsel has entered an appearance, there will be a Praecipe with counsel’s contact information. However, in the same Internet world that brings you Justia, there are now partial appearances, where lawyers advise... View More
Well his Mother's Brother had 6 children. Both my brother's Mother and her Brother are decease. There is 25 acres. on the Affidavit of the Commonwealth of Virginia.. My Question to ask a Lawyer. If something was to happen to my brother. Does his half of the 25 acres go to his siblings or... View More
answered on Jan 8, 2018
The first question is, who owns the 25 acres right now? Your question is a little unclear because you don't say who currently has legal ownership and why you believe your brother owns 1/2 of the 25 acres. If your brother owns 1/2 of the 25 acres right now, does he have a Will specifying who... View More
My father is deceased. My Uncle said there is not a will and that he was required by law to send me an affidavit to let me know my grandmother has passed. He said the affidavit means nothing. My question is: should the affidavit have a special stamp or proof of notary? The one i received does not... View More
answered on Jan 6, 2018
You should contact a probate attorney in VA to look into this. It sounds fishy.
State_ Virginia
Small Estate Affidavit
The affidavit is for my grandmothers will
*Will it show proof that it was notarized?*
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answered on Jan 6, 2018
I have no idea what your Aunt has sent you, but rest assured it has no legal significance. She can make a Will listing you as a Legatee, Devisee or Residuary Estate Beneficiary. It still means nothing until it is filed for Probate at her death. She can go ahead and make transfers now, which... View More
My grandmother died. My uncle said she had no will. I called the court house and she does have a will. She has an old will and a new one that was done 2 days before she died. The notary is my uncles daughter and the 2 witnesses are my uncle and his son. All are related. This is in virginia. Is this... View More
answered on Jan 5, 2018
It is probably not illegal, but it probably is subject to a likely successful attack, particularly if the uncle and his son are beneficiaries. You need to see a lawyer now.
Person A is Executor for Person B and and the beneficiary of another. Person A had a Fiduciary Duty to announce B's Last Will and Family Trust to his beneficiaries upon his death in September 2004. But A told three brothers at the hospital she would notify them afterwards of the Will and would... View More
answered on Dec 30, 2017
If your parents changed their Wills after they showed them to you and your brother, their Last Wills and Testaments will generally prevail ... unless there are valid grounds to attack, or caveat, the Will. We will need to explain why it took you ten years to notice after your sister’s attempts to... View More
answered on Dec 24, 2017
Depends on where in the process you are and what has been done by the sister. Speak with a lawyer.
When my father died, he left 50k to his best friend, and left his daughter (me) his truck, a collection, and his home. His ex wife (my mom) is the executor. After paying all his debts, there isn't quite enough to give his friend the whole 50k my father left him. The executor says I have to... View More
answered on Nov 27, 2017
No. If there is not enough cash left in the estate to pay the specific bequeath, you can request a hearing with the Commissioner of Accounts to determine how the remaining funds should be allocated.
My only sibling died two years ago. He had no children and left his entire estate to his widow. When my brother died, my mother created a new will to make it clear that her entire estate would be bequethed to me. She then added me to her brokerage and bank accounts JTWROS so I could pay her... View More
answered on Nov 26, 2017
It couldn’t hurt to sit down with a lawyer to review the estate, but the accounts that were JTWROS will probably be re-titled to you once you show up at the brokerage with your ID and a certified death certificate UNLESS your mother’s intent in setting up the account was to facilitate giving... View More
My mother passed in 2013. She had a Will written, witnessed and notarized. Her husband never filed for probate or personally settled her Will. He remarried this year (2017). I know that she left personal and monetary things for myself, my brother and grandchildren. What exactly, I don't know.... View More
answered on Nov 15, 2017
Do you have a copy of the Will or do you know where you can get a copy? That would be the first step. Did you ever see the Will to know who the executor was? If you can't get a copy of the Will you can ask that the estate be probated as an intestate estate. As the children of your mother,... View More
Her banking account her land and home are all in the state of Maryland.
answered on Oct 31, 2017
Maryland, in the county of her domicile at time of death.
My mother’s estate was closed in Virginia about a month or so ago; she died in October 2015. My brother, the executor of her estate, has been contacted by a company about an unclaimed asset in the amount of $37,200, stating that the asset remains dormant as of 9/15/17. None of us (her seven... View More
answered on Oct 29, 2017
The answer depends on what the asset is. If it is an asset with designated beneficiaries, like an insurance policy, a bank account, or a stock account often have, then it is a non-probate asset, and the probate estate is unaffected. If it was a personal asset of the decedent, you will probably need... View More
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