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

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

Declaratory Judgments in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Declaratory Judgments in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a declaratory judgment? A declaratory judgment is a binding decision by a court defining the relationship between two litigants. What is the purpose of a declaratory judgment? In Virginia, declaratory judgments are meant to afford relief from uncertainty and insecurity between two parties. See Virginia Code § 8.01-191. Circuit Courts have the authority to issue declaratory judgments in... Read More