Virginia Probate Legal Questions

You can apply to open a probate estate in Virginia, put the money in the estate and wait to see whether the debt collection agency submits a claim, submits it in proper form and, if you as administrator deny the claim, hires a Virginia lawyer to sue the estate.  Once the debt collection agency sees how little is in the estate, it may decide that this is not worthwhile. Debt collection agencies often contact grieving family members, offering "deals" such as accepting 50% if paid within a week.  Since they buy the debt at 12-25 cents on the dollar (debt overdue 90 days is written off by the credit card company), they are making a good profit if the family member takes the bait.  In some states, such as Texas, the creditor must properly file the claim with the court and, if it is denied, sue to recover it.  Unless a large amount is due -- and recoverable -- they often do not. If you do not open an estate, the debt collection agency could theoretically sue you for conversion.  Given the amount recoverable, they might well make a business decision not to:  court filing and attorney's fees would take most, all, or more than the amount recoverable.    ... Read More

If you were your aunt's child, you might have an argument that she would have included you, along with her other children, and that you should be included as a "pretermitted child."  As a niece, you are very, very unlikely to prevail.  In addition, contesting the Will might cost you more than you would inherit if you did prevail.... Read More

If your cousin executed a new will prior to death, normally that is the will that would be followed.  However, if the relative that filed the old will is contesting the new will, you may have to litigate to have the court determine if the new will was executed under duress.  You should contact an attorney and provide copies of both wills so that you can get more specific answers.... Read More

Ask a local VA lawyer, but in my state, you relinquishing your right to be executor only applies to the will of your father, not your mom's POA. By renouncing your right to be executor of your father's will, you dont lose any inheritance, you just give up your right to administer the estate and charge a fee for your services, which could be 5% of the gross estate. ... Read More

you really need to seek the guidance of a lawyer as you could seriously cause problems for mom down the road. there is too little information here to respond. but be careful, if you start liquidating mom's money now and she has to apply for medicaid within 5 years, and that money is not there, she may be ineligible for medicaid. remember, this is mom's money, and not anyone elses, and she needs it to pay for better care in her later years.... Read More

As state law applies to these questions, you need to speak to an attorney licensed in your state to get a good answer. As a general statement, if your father was living when the relative died, you will be entitled to the assets given to your father, assuming your father didn't provide otherwise in his will. If he didn't have a will, as his next of kin you would get the bequest if he survived the relative. If your father did not survive the relative, you must read the relative's will to determine if his estate remains entitled to the bequest.... Read More

Dear Virginia, Although I practice in Illinois, a lot of Probate is universal with a tweak here or there....so I'm going to give you the general pointers to get you started in the right directions and with a little knowledge, you'll be dangerous. Your debt is called a claim, so you want to file a claim against the estate.  You can either file that claim with the Court (Clerk of your local Circuit Court) or with the appointed Representative(s) or Executor(s) of the estate or with both the court and representative(s).  You can look up the file at the court house or on line if your Circuit Court is automated if you need to learn who the Representative is....it's a public record. A claim has to be written.   It basically have to state sufficient information to notify the representative(s) or executor(s) of the nature of the claim or other relief sought...you know...the who, what, when and why. Some states have a particular format or form that is required to be used.  Your local clerk at the circuit court can tell you if your district requires something special.  Pretty much that's all there is to filing a claim....Now getting your money is a whole 'nother matter! Claims are prioritized by law.  This means the law distinguishes between the order in which claims will be paid.  now, you didn't tell me what the nature of the debt owed to you was but let me tell you-if it is something unsecured, get in line Virginia.  There are seven (7) categories of claims and unsecured debt falls dead 7th.  I hope you fair better than 7th.  Best wishes to you.  ... Read More

In many states convicted felons may not serve as executors, however, unless you bring the felony to the attention of the judge by objecting to the service of this particular executor, he or she will very likely be allowed to serve. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

From the words you provided, this is not a life estate.  The Probate Court (office) has given you all the information you need. It would appear the son owns the house until he sells it. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Is it a joint checking account? Did he execute a Power of Attorney? If the answers to these questions are no, you should not be signing checks on behalf of your brother. Your brother's estate can reimburse your mother for the funeral expenses. Depending upon the state, if your brother dies intestate, his wife could inherit a portion of his estate. For example, Florida does not recognize legal separation. I suggest you meet with an attorney who practices in the field of probate to assist you with your concerns.... Read More

In Oklahoma, if the only thing left is one car, there is a process to handle that without probate. If there are two cars, off to probate court you go. If the only thing left is a car, Virginia may also have an exception that avoids probate for small estates. If your husband owned more than one vehicle as you indicate, you certainly may have to go through probate to get the titles changed. Ask a Virginia probate lawyer to explain the procedures to you, guide you in the process for filing/registering the Will, and verify what your specific situation is. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More

Your mother may have nominated your cousin as her Executor, but until a probate court judge issues an order, the cousin would be just the nominee with no legal authority. If a Will is not filed with the court and is not being probated, it is highly likely that the property was not titled in only your mother's name. Perhaps your cousin is named on the deed as owning the property jointly "with right of survivorship." When one joint owner died, the other automatically became the sole owner. Emily, you should consider hiring a Virginia estate attorney to figure out what happened, understand your mother's intentions, and advise you on how to proceed. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More