Beginning the Probate Process in Virginia | Ryan C. Young | Richmond, Virginia Probate Attorney

Beginning the Probate Process in Virginia | Ryan C. Young | Richmond, Virginia Probate Attorney
First Steps in the Probate of a Will in Virginia In Virginia, you will first set an appointment for Probate with the Clerk of Court in the City or County where the decedent lived or owned property. Then there are a few documents that you will need to gather before appearing.  Following is a general list that may vary by... Read More

The Basics of a Partition of Real Estate Lawsuit in Virginia | Ryan C. Young | Richmond, Virginia Attorney

The Basics of a Partition of Real Estate Lawsuit in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Partition Suit in Virginia | Richmond, Virginia Attorney   Unfortunately, there are instances in which people become co-owners of real estate with other family members whom they do not necessarily get along with. Examples would include inheriting the property through death or after the end of a relationship in which both parties owned the home together. In these instances, one... Read More

As a Fiduciary, Am I entitled to Compensation in Virginia? | Ryan C. Young | Virginia Attorney

As a Fiduciary, Am I entitled to Compensation in Virginia? | Ryan C. Young | Virginia Attorney
As a Fiduciary, Am I entitled to Compensation in Virginia? In Virginia, when you accept the responsibility of becoming a fiduciary for someone, you may be surprised by the amount of work that it entails. Serving as a fiduciary requires a lot of time and energy, not only to manage accounts, but also to properly report and account for your... Read More

Probate in Virginia: First Steps | Ryan C. Young | Richmond, Virginia Probate Attorney

Probate in Virginia: First Steps | Ryan C. Young | Richmond, Virginia Probate Attorney
Probate in Virginia: First Steps Probate is the process of proving the validity and filing of a will with a Circuit Court in Virginia. The process for someone who dies without a will is entirely different. The executor named in the will may also qualify at the same time. Preparing for probate in Virginia can be rather overwhelming especially if... Read More

What are an Agent’s duties under a Power of Attorney? | Estate Planning and Litigation Attorney | Richmond, Virginia

What are an Agent’s duties under a Power of Attorney? | Estate Planning and Litigation Attorney | Richmond, Virginia
Agent’s duties under a Power of Attorney As the agent appointed through a power of attorney, you are given an enormous amount of trust and responsibility. Most power of attorney documents have special provisions about the scope of representation required of an agent which may be specific to your situation. The following information provides basic requirements of the agent according... Read More

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

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

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

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