Basics of a Partition Suit for Real Estate in Virginia | Ryan C. Young | Estate Litigation Attorney, Richmond, Virginia

Basics of a Partition Suit for Real Estate in Virginia | Ryan C. Young | Estate Litigation Attorney, Richmond, Virginia
Who may file a partition suit for real estate in Virginia? Va. Code § 8.01-81 lists the following people who are able to file a partition action in Virginia: tenants in common, joint tenants, executors with the power to sell, and coparceners of real property. Essentially, anyone with a vested ownership interest in real estate may file suit to compel... Read More

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney
What happens if LLC Members cannot agree?  In Virginia, a Limited Liability Company (LLC), may be dissolved for many reasons, but when there are irreconcilable differences between or amongst owners (members), judicial intervention may be the only remedy.  A member may, in accordance with the operating agreement and articles of incorporation, petition a court of competent jurisdiction for dissolution.  In... Read More

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney
Two Broad Categories of Damages in a Virginia Breach of Contract Lawsuit There are two broad categories of damages ex contractu: direct, or general, damages and consequential, or special, damages. Direct damages are those which arise “naturally” or “ordinarily” from a breach of contract; they are damages which, in the ordinary course of human experience, can be expected to result from a breach. Consequential damages are those which arise from the intervention of “special... Read More

Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney

Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney
The guardian and conservator can be the same person or different people. Co-guardianship or co-conservatorship is also an option if more than one person would like to care for the incapacitated person.  When an adult is determined by the court to be incapacitated, the person has been found to be incapable of receiving and evaluating information effectively. The incapacitated adult... Read More

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney
A springing power of attorney is a power of attorney that “springs” into effect when you become “incapacitated”. The idea that your power of attorney would only be able to manage your finances when you are unable to handle them yourself sounds like a good idea, but logistically, it is cumbersome and potentially detrimental to your financial well-being. There are... Read More