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Virginia Estate Planning Legal Questions

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22 legal questions have been posted about estate planning by real users in Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Virginia Estate Planning Questions & Legal Answers
Do you have any Virginia Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 22 previously answered Virginia Estate Planning questions.
Estate Planning
Virginia

Recent Legal Answers

If land is given to the siblings and now they have passed, does all the children have to sign to sell.

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
First the various estates must be settled (probated) to transfer title.  Then each person must agree to sell and sign.  If someone does not, a suit for partition can be filed.  If the land cannot be equitably partitioned, this forces a sale.
First the various estates must be settled (probated) to transfer title.  Then each person must agree to sell and sign.  If someone does... Read More

My ex husband passed away and a few months later I recieved an estate check and my son is his only biological son who gets the check

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The estate gets the check.  Hire a local probate attorney to help you open an estate.  Whether the estate, after paying bills, makes a distribution to your son only or at all depends on the amount of the bills and whether his father remarried or adopted children.
The estate gets the check.  Hire a local probate attorney to help you open an estate.  Whether the estate, after paying bills, makes a... Read More

Do I need an Estate Attorney to handle income on dividends that no one claimed as earned for 16 years

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please discuss this with your probate attorney.  A suit may lie against your sister-in-law for forgery, fraud and conversion (converting someone else's property to her own.)
Please discuss this with your probate attorney.  A suit may lie against your sister-in-law for forgery, fraud and conversion (converting someone... Read More

what are my rights

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Neither occupancy nor paying taxes transfers ownership. When a Will is submitted for probate, it becomes a public document.  Contact the clerk of the local surrogate's court to see the Will.  In some counties probate records, including the Will, are available online.
Neither occupancy nor paying taxes transfers ownership. When a Will is submitted for probate, it becomes a public document.  Contact the clerk... Read More

my sister ants 2 sell our dads house he left it 2 both of us can she sell it with out my signature

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can buy her out or she can force a partition, which for a house results in a sale ftom which each of you receives half the net prroceeds.
You can buy her out or she can force a partition, which for a house results in a sale ftom which each of you receives half the net prroceeds.

i need to make alterations in my will, AND SO DOES MY HUSBAND....WE PAID DEARLYNFOR THOSE DOCUMENTS FEW YEARS BACK,HOWEVER WE HAVE A NEW FAMILY AND

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Depending on the nature of the changes, you may be able to make an amendment, called a Codicil, rather than making new Wills.  But a Codicil is not a DIY project.  It should be carefully drafted to "republish" the parts of the Will which are not changed.  It must be executed with the same formality as the Will.  Talk with a local estate planning lawyer.... Read More
Depending on the nature of the changes, you may be able to make an amendment, called a Codicil, rather than making new Wills.  But a Codicil is... Read More

Am I entitled as a spouse to my spouse's share of his sister's estate?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If your husband had predeceased his now deceased sister, the funds would flow according to her Will, if any, or according to the state laws of heirship to his children but not to his spouse.   If your husband died after his now deceased sister (as appears to be the case), the funds would flow to his estate.  If his Will named you as a beneficiary, they would flow to you (in part or in whole depending on whether he named others as beneficiaries as well.)  If he had no Will, the funds would flow to his children under Virginia laws of heirship and subject the the spousal elective share in Virginia.... Read More
If your husband had predeceased his now deceased sister, the funds would flow according to her Will, if any, or according to the state laws of... Read More

Is my will still binding if the beneficiary, my only daughter, changed her first name?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It is your daughter's responsibility to show that she is the person named as the beneficiary.
It is your daughter's responsibility to show that she is the person named as the beneficiary.

My Fathers Will

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please contact a probate attorney who practices in the county in which your father died.
Please contact a probate attorney who practices in the county in which your father died.

What type of lawyer will fight for my inheritance and sue my brother for time spent living in the home?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Lawyers who handle this sort of work are called fiduciary litigators.  Relatively few probate lawyers handle fiduciary litigation.  You may not find one in Chesterfield, Virginia.
Lawyers who handle this sort of work are called fiduciary litigators.  Relatively few probate lawyers handle fiduciary litigation.  You may... Read More

Estate

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
From your description, it is not clear whether your parents' estates have been probated (proving what they owned, what they owed and distributing the rest according to their Wills or, if there is none, the state's laws of inheritance).  If not, please see a local probate attorney about filing the Wills for probate or filing for an informal probate/small estate affidavit or a determination of heirship.  Once you are appointed by the court, you will have authority over your parents' assets.  This may include evicting your brother as well as his "tenants" and suing him on behalf of the estate.... Read More
From your description, it is not clear whether your parents' estates have been probated (proving what they owned, what they owed and distributing the... Read More

In Virginia does my brother have the right to remain in the home that was left to him and I at the time of the last parents death even though he lived

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
In many states after two years with no distribution, you can apply to the court to remove your brother and appoint you.  You can then file an eviction action in small claims/justice of the peace court and an action for damage to the estate (no rent) in probate/surrogate's court.  However, unless your parents had a contract with you, the likelihood of your recovering funds for the amounts you spent on their care is nil.  It will be deemed a gift.... Read More
In many states after two years with no distribution, you can apply to the court to remove your brother and appoint you.  You can then file an... Read More

How long does it take to get results if you're in an emergency situation

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You do not write whether the other children or grandchildren (children of predeceased children) are willing to sign gift deeds or how long it might take you to persuade them to do so.  These should be filed together with an Affidavit of Heirship -- and the taxes paid.
You do not write whether the other children or grandchildren (children of predeceased children) are willing to sign gift deeds or how long it might... Read More

my will created 2002 but never signed. Husband passed so all proceeds left to children. Can will be signed now instead of having to create a new will?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The law has changed since 2002.  To make sure that your Will still does what you want it to do in the way that you want it done, please have it reviewed by a local probate lawyer.
The law has changed since 2002.  To make sure that your Will still does what you want it to do in the way that you want it done, please have it... Read More

What kind of lawyer do I need to dispute my father's will.

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A lawyer who handles fiduciary litigation may or may not be willing to represent you based on the facts.  Note that Will contests often cost more than you could possibly gain.
A lawyer who handles fiduciary litigation may or may not be willing to represent you based on the facts.  Note that Will contests often cost... Read More

Hey received a stimulus check in deceased mother's name. I live in Hampton roads in VA. Is there a legal way to cash it?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You heard wrong.  While if it had been another kind of check, it would be "income in respect of decedent" and payable to her estate, only a living person is entitled to a covid-19 stimulus check.  Your mother was not living on February 15, 2020 and is not living now.  Trying to cash the check in any way would be incurring criminal liability for fraud.  While we are all short of cash just now, this is not the way to get it.  Return the check with a letter explaining the circumstances and a copy of your mother's death certificate.... Read More
You heard wrong.  While if it had been another kind of check, it would be "income in respect of decedent" and payable to her estate, only a... Read More

I am executor and one of the benificiaries

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If you have to sell everything to pay her debts, you hae to sell everything to pay her debts before distributing anything to you and your significant other or taking care of her animals.
If you have to sell everything to pay her debts, you hae to sell everything to pay her debts before distributing anything to you and your significant... Read More

What rights do the biological children have after parent passes away?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
These inheritance rights vary from state to state.  Contact a local probate lawyer.
These inheritance rights vary from state to state.  Contact a local probate lawyer.

I have been divorced from my husband for 2 1/2 years. He recently passsed away. My name is still on the house. Does it got into an estate sale?

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You do not write whether your former husband's name is also on the deed or how ownership was addressed in the divorce decree or the Will, if any.  It seems unlikely that you can waltz in and take over the house just because your former spouse died.
You do not write whether your former husband's name is also on the deed or how ownership was addressed in the divorce decree or the Will, if... Read More

I have irrevocable trust, made in March 2006. It is time to make changes but lawyer is charging me $10K. Should I change from irrevocable to revocable

Answered 7 years and 9 months ago by Jan Kipp Kreutzer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Please do not do anything until you speak with a qualified Elder Law attorney in your area.    That fee is outrageous and, depending on why the irrevocable trust was created, attempting to "undo" it could have serious financial consequences.   
Please do not do anything until you speak with a qualified Elder Law attorney in your area.    That fee is outrageous and, depending on why... Read More

What is the process if you are left a home with an existing mortgage?

Answered 11 years and 8 months ago by Seth A. Schoenfeld (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Keep paying the Mortgage.
Keep paying the Mortgage.

My mother passed away in Ohio with no will and no estate. How do I cash a check made payable to her estate?

Answered 14 years and 3 months ago by Tonya Coles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
In order to cash a check made payable to your mother's estate, you will need to obtain a court order from the probate court. You will need to get the court order from probate court in the county where you mother lived at the time of her death. Depending on the amount of the check, this can be a fairly simple process. I suggest that you contact a probate attorney in Ohio. The attorney can advise you on the steps necessary to either cash the check or have it reissued to your mother's heir(s). Tonya R. Coles Law Office of Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More
In order to cash a check made payable to your mother's estate, you will need to obtain a court order from the probate court. You will need to get the... Read More
Estate Planning
Virginia

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