Disinheritance of a Family Member in an Estate Plan | Ryan C. Young | Richmond, Virginia Estate Attorney

Disinheritance of a Family Member in an Estate Plan | Ryan C. Young | Richmond, Virginia Estate Attorney
The family tree can be a useful tool as you consider who will and will not be included in your last will and testament.  In the Commonwealth of Virginia, a spouse generally cannot be disinherited. Any other lineal descendant, however, can be disinherited at your discretion. Deliberately cutting a child or grandchild out of your last will and testament is... Read More

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a motion? A motion is simply a request filed with the court asking a judge to issue a ruling or order. When one party files a motion, notice is also given to the attorney for the opposing party. Virginia’s motions practice procedure is explained in Va. Sup. Ct. R. 4:15. Motion to Compel Discovery In relation to discovery,... Read More

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney
What is a forum selection clause? A forum selection clause is used in a contract to designate the location, process, and/or court that will resolve any legal disputes that may arise between the parties named in the agreement.  These clauses range from very specific to extremely broad and all encompassing. A specific clause would indicate the type of court (state/federal)... Read More

Removing a Trustee in Virginia | Ryan C. Young | Richmond, Virginia Fiduciary Litigation Attorney

Removing a Trustee in Virginia | Ryan C. Young | Richmond, Virginia Fiduciary Litigation Attorney
What is a Trustee? A trustee or co-trustee is a person who is designated as a fiduciary of a trust.  In Virginia, a fiduciary is given the great confidence and trust to responsibly manage and maintain financial affairs without letting self-interest affect fiduciary decisions. In the case of a revocable trust, the settlor (person who created the trust), trustee and... Read More

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney
What is a Fiduciary? A fiduciary is a person who has been entrusted with great confidence to manage and maintain the financial affairs of another party or parties. A fiduciary could be appointed through a Power of Attorney or a Will as a personal representative.  However, attorneys, financial institutions, corporate officers, and other such entities who are trusted to protect... Read More

Who pays attorney’s legal fees in a Virginia real estate partition suit? | Ryan C. Young | Richmond, Virginia Attorney

Who pays attorney’s legal fees in a Virginia real estate partition suit? | Ryan C. Young | Richmond, Virginia Attorney
In the USA, the general rule is that parties generally pay their own attorney’s fees in litigation. Of course, there are exceptions to this “American Rule”. One exception is where a statute allows a recovery of attorney’s fees. There is such a statute in Virginia in relation to partition suits. Virginia has a statute regarding payment of attorney’s fees in... Read More

What are the reasons that an LLC may be dissolved in Virginia? | Ryan C. Young | Richmond, Virginia Business Attorney

What are the reasons that an LLC may be dissolved in Virginia? | Ryan C. Young | Richmond, Virginia Business Attorney
In Virginia, an LLC may be dissolved for many reasons both voluntary and involuntary. Businesses come and go in a healthy economy, and Virginia’s Legislative Code (§§ 13.1-1048 – 13.1-1050) has provisions to make the dissolution of a business a relatively easy process in most cases. In the most amicable of situations, an LLC is concluded upon the completion of... Read More

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney
Are you concerned about the actions of a fiduciary acting under a Power of Attorney? There are many instances where someone will come to my office who has concerns about how another party (agent) is managing their funds or the funds of a family member (principal). Unfortunately, many times the concerns are well-founded and the agent is not living up to... Read More

Virginia Estate Administration: Where do I begin? | Ryan C. Young | Richmond, Virginia Attorney

Virginia Estate Administration: Where do I begin? | Ryan C. Young | Richmond, Virginia Attorney
Estate administration can seem overwhelming. Estate administration in Virginia is, at first glance, an overwhelming duty that can seem like an unduly harsh reality after the death of a family member or loved one, but there is time to grieve.  Honor your loved one first. The administration of an estate depends on the circumstances. The first question to determine is... Read More

Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney

Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney
Springing Power of Attorney A springing power of attorney is a power of attorney that goes into effect at a future time specified in the document. For example, if the principal is determined to be incapacitated and unable to handle his/her own affairs, the Springing Power of Attorney goes into effect.  This arrangement seems like the best option for healthy... Read More