22 legal [2, *]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.
Recent Legal Answers
First the various estates must be settled (probated) to transfer title. Then each person must agree to sell and sign. If someone does... Read Answer
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 Answer
Please discuss this with your probate attorney. A suit may lie against your sister-in-law for forgery, fraud and conversion (converting someone... Read Answer
Neither occupancy nor paying taxes transfers ownership.
When a Will is submitted for probate, it becomes a public document. Contact the clerk... Read Answer
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 Answer
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 Answer
Lawyers who handle this sort of work are called fiduciary litigators. Relatively few probate lawyers handle fiduciary litigation. You may... Read Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
Keep paying the Mortgage.
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 Answer