Virginia Probate Legal Questions

In Florida, a girlfriend would not have any inheritance rights unless provided for in the will or trust. A spouse or wife would have inheritance rights.  But Virginia, may have something special, such as common law marriage.  Florida does not have common law marriage.  In Florida, Intestate (no will) would be inherited by the blood heirs (per stirpes) ie.  children, if not married.    ... Read More

You must prove the line of descent.  Take your documents to a probate attorney who practices in the county in which your grandfather lived and died for review.  Note that if your grandfather had a Will, your father may not have been named or, if named, the Will may not pass things to his children if he died.  In either instance you will not inherit.... Read More

Almost no courts will accept written over numbers but will enforce the original ones.  Those are the amounts you will be required to disburse.  Any amendment to a Will (called a "Codicil") must be signed by the testator, witnessed and notarized just like the original Will. You can, of course, call your grandaughter's or granddaughters' actions to the court's attention and, if you have evidence tending to prove who did this, seek legal action against them.  Your probate attorney can include in the required Notice to Beneficiary a statement that the Will was tampered with, that the action was legally ineffective and that it exposes the actor to civil and ciminal liability, citing the applicable Virginia statutes.  ... Read More

It sounds as though you know the answer.  Each of you inherits less the mortgage.  She pays you half of $94000 less $55000 and continues to make mortgage payments -- if the lender will accept her credit.  If not, she has six months after appointment as executor or administrator to sell the house before the lender has the right to foreclose.... Read More

When a Will is submitted for probate it becomes a public document.  The executor is required to submit an Inventory to the court within a certain period of time.  This, too, becomes a public document.  Check with the probate court of the county where you father died.  Whether you or anyone else has a right to something depends on what the Will says.  Whether there is anything to distribute to anyone depends on the costs of your father's final illness, funeral, probate administration and whatever other debts he left.... Read More