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Virginia Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Grandmother left my dad 2/3 and me 1/3. My dad died intestate in Virginia before the estate was settled. What now?

My grandmother in Florida left my dad 2/3 and me 1/3 of her estate. My father died intestate in Virginia before my grandmothers estate was settled. Does his estate still receive the 2/3 or will that be split 1/3 to his second wife and 2/3 to me his daughter.

John Andrew Maghamez
John Andrew Maghamez
answered on Sep 21, 2017

You should contact a probate attorney to help you with this. I'd be happy to help. His estate will most likely receive the 2/3 depending on how far apart he died from your grandmother. Depending on if your dad was married, how many kids he had, and whether it was a first or second marriage... View More

2 Answers | Asked in Probate for Virginia on
Q: father & Step mother both passed away but my half sister is only probating her mother's estate. Is this legal?

Dad died November 26, 2016, Step-Mother died February 9, 2017. Half sister claimed she could find no wills for either of them, then found unsigned will from her mother and now says she has a "found " a signed will. Would me (living in Virginia) filing probate for my dad stop the probate... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2017

A couple of things:

If your dad died first with no will, the laws of intestacy would apply which in MOST states would mean your step mother would inherit much of his estate.

The laws of the State YOUR FATHER lived in at the time he passed would apply, and that would also be the...
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1 Answer | Asked in Probate for Virginia on
Q: Mom left house to 3 siblings.Probated deed to Estate of Mom.Taxes are still owed.1 lives in house. who respn for what?

Can 2 sign over house to #3 when taxes are paid? are all 3 responsible for mishaps, law suits concerning house or just 1 living in house?

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 16, 2017

As of now, all three heirs are responsible for the house since it is in your name I assume after probate. You can sign over the house but I would at least have him buy it from you. Totally your call.

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My mom, myself and deceased husband's name are on our deed, but only husband's name is on mortgage. Now what?

He had no other personal property besides the house, which we do have a will and it is left to me. Since I am not on the mortgage and I do not believe I will qualify for a mortgage, I know I can stay in the house and keep the current mortgage. However, if we sell the house, would the proceeds go... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 7, 2017

It depends on how title to the property is being held in the deed. You should contact an attorney.

2 Answers | Asked in Probate for Virginia on
Q: I'm preparing an inventory for my father's estate. Do I have to include the car's Title (I cannot find it)
Richard Sternberg
Richard Sternberg
answered on Jul 28, 2017

If the car is in the decedent's name, it is a fairly easy matter for the personal representative or executor to get a duplicate title at DMV; and, yes, unless the car was titled into a trust or otherwise not in the decedent's name, the car is part of the estate, though there are expedited... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: Wife on deed but mortgage in deceased husband's name.

My husband passed away and although both of our names are on the deed, only my husbands name is on the mortgage. The bank stated that i could just keep paying the mortgage out of our joint checking account. What will happen if I try to sell? They also stated I could go to court and get a... View More

Richard Sternberg
Richard Sternberg
answered on Jul 28, 2017

If the home was purchased during the marriage and you didn't sign some sort of consent otherwise, the house is probably already yours subject to selling it to meet estate debts. It is fairly easy to update the deed to reflect your title, and a lawyer can help with that fairly inexpensively.... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Q: Mom died in 2016,brother removed from court as her poa in jan.2016,I'm administrator now can I sell house without him
Richard Sternberg
Richard Sternberg
answered on Jul 26, 2017

Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies... View More

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1 Answer | Asked in Probate for Virginia on
Q: My fathers estate was probated 6/16. What is my recourse if I suspect forgery/check fraud from an account that they were

not authorized on? Also are there penalties if the exectuors took action on the estate before they were sworn in?

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 26, 2017

You need to consult with an attorney. Depending on the facts could determine if you have a claim against the fiduciary of the estate.

1 Answer | Asked in Civil Litigation and Probate for Virginia on
Q: Is an executor of an estate responsible for the debts of an estate in Virginia?

Decedent had a vehicle financed that she could not afford. Executor and other family members did not want it and could not afford it. Vehicle was repossessed from the estate. Is the executor or the estate liable for shortage when vehicle was sold at auction?

F. Paul Maloof
F. Paul Maloof
answered on Jul 26, 2017

The Estate is liable. The Executor is not liable.

1 Answer | Asked in Estate Planning, Family Law and Probate for Virginia on
Q: Uncle left all assets to his siblings.per stirpes .but after his wife passes (second marriage) action after she dies?

I am the third exec of his estate...his wife was first...my daddy second ( deceased and heir) and me third. When is wife passes...is there any action I can take for me and the remaining siblings.....as per his will? She is in bad health and now lives in NC. Her nephews are managing/helping with... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 5, 2017

If the estate was probated, then it can't be 'reopened' because his wife has passed. HER will / estate plan / intestacy now controls the assets that were passed to her in his probate in 2015, and unless there were a 'life estate' with a reversion after she passed embodied... View More

1 Answer | Asked in Probate for Virginia on
Q: If my father's will leaves me his house in his will and I am the Executor do I need authority of court to sell it?

There are other beneficiaries of other assets but not the house.

Richard Sternberg
Richard Sternberg
answered on Jun 8, 2017

It depends on whether there is a Will, what the Will says, where the property lies, the precise title to the property, whether the proceeds are needed to pay the decedent's or the estate's debts, and, in some cases, when the decedent died. For Virginia property, you might try reading... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Q: How does the process work if it 4 kids both parents passed and the house had a lien one of the children paid it off

Who is to own it??

Richard Sternberg
Richard Sternberg
answered on May 29, 2017

This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Virginia on
Q: If an heir dies before the estate is settled leaving no heirs. Is the estate divided by the remaining heirs

Father of 4 passes away. Before his estate was settled 1 son passes away having no heirs. Do the remaining 3 heirs divide the fathers estate?

Richard Sternberg
Richard Sternberg
answered on May 13, 2017

No. If the heir post-deceased, his share goes to his heirs or beneficiaries, who may be, but often aren't, his grantor's heirs.

1 Answer | Asked in Probate for Virginia on
Q: What rights do I have?

My father passed away last year 5/18/16, he left everything to my stepmother. She was executor to his will, my second to oldest sister was listed as second for executor.. My father and stepmother had mutual/reciprocal wills and has listed his children as heirs. My stepmother passed away Sunday May... View More

Richard Sternberg
Richard Sternberg
answered on May 10, 2017

I can't understand your question as phrased. I need to see both wills and any correspondence that makes them mutual or reciprocal. You need to act promptly to protect any rights you may have. Make an appointment with a lawyer for an hour consult, and bring the wills.

1 Answer | Asked in Family Law, Civil Rights and Probate for Virginia on
Q: I am my father's only child he had a wife that he was going through devorce would I still be entitled to anything?

Before his passing he paid step mom off by refinanceing his home but she took the house all his insurance all his retirement everything he passed in 2015 she now owns new home with the man she has been seeing since 2014 and saleing my dad's house her son is well taken care of (gives him money... View More

Steve Miyares
Steve Miyares
answered on Apr 18, 2017

You should consult an attorney in the local jurisdiction where your father passed so that you can discuss all the specific facts and details relevant to your situation.

1 Answer | Asked in Family Law and Probate for Virginia on
Q: In the state of Virginia....if you are excluded from the family will, do you have a right to know why?
Steve Miyares
Steve Miyares
answered on Apr 18, 2017

There is no "right" to be included in a will. It was the decedent's will and (subject to very limited exceptions) the decedent has the right to dispose of their property however they want. You should consult privately with an attorney to discuss the specifics of your situation.

1 Answer | Asked in Probate and DUI / DWI for Virginia on
Q: Can you move to a different state while on probation? After a form is filled out?

My boyfriend was serving in the military he was charged with a DUI/reckless driving he was sentenced to probation for a yr and now he is out of the military and he wanted to move back to Tennessee his probation officer said he had to fill out a form and hr would be good to go I guess do probation... View More

Susan Fremit
Susan Fremit
answered on Apr 13, 2017

Yes, your boyfriend can continue his probation in another state as long as he has his VA probation officer's permission. That officer will tell him exactly what he needs to do. He will need to report to a probation officer in Tennessee.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: I was made trustee of mother's revocable trust & beneficiary of will 2012 (in VA) -not aware until after her death 2015.

The revocable trust was never "activated" with a second executive trustee. The lawyer involved never notified me - and now the estate is being held up as there is no executive trustee of RT - nor have the funds been transferred. The executor (mother's accountant) is trying to avoid... View More

Ben F Meek III
Ben F Meek III
answered on Apr 8, 2017

You should contact an experienced probate lawyer in the state where the probate is filed (and presumably is the situs of the Trust). He or she will have to review the Trust and probate documents and the communications from the executor in order to advise you. Many offer free initial consultations.

1 Answer | Asked in Probate for Virginia on
Q: Mother died. hid will. Lawyer deceased. Called his office..done long before computer files. What now?
Kenneth V Zichi
Kenneth V Zichi
answered on Mar 16, 2017

Did you also check the Probate Court in your mother's county? Frequently they 'store' wills for people who request that service. It may also be in a safe deposit box (even though that is a REALLY bad place to store a will!) Has someone actually GONE THROUGH all here papers and her... View More

1 Answer | Asked in Probate for Virginia on
Q: my father died late november of last year. i am his only son . why am i getting a notice that his will went to probate?

i didnt think he would leave me anything but his wife called to send me a notice that his will went to probate. he has a rather large estate. why would they need to tell me that he didnt include me in his will. am i entitled to anything?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 20, 2017

I am sorry to hear of your loss.

As for your specific question, you are an 'interested party' because of your familial relationship so you HAVE to get notice even if you are not receiving anything. You are entitled to receive notices, including a copy of the will which will...
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