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

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

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

Virginia Civil Litigation: Attorney Work Product and Discovery | Ryan C. Young | Richmond, Virginia Trial Attorney

Virginia Civil Litigation: Attorney Work Product and Discovery | Ryan C. Young | Richmond, Virginia Trial Attorney
Discovery is a process where litigants in a civil lawsuit investigate the particulars of a case. Part of discovery is the sharing of information from both sides of the lawsuit. However, in Virginia and other states, disclosing of attorney work product for purposes of discovery is guided by American legal precedents as well as laws first developed in Great Britain... Read More

Virginia Estate Law: Suit to Impeach a Will | Ryan C. Young | Richmond, Virginia Attorney

Virginia Estate Law: Suit to Impeach a Will | Ryan C. Young | Richmond, Virginia Attorney
Wills are seen as the last wishes of the person who created the will, also known as the testator, after he or she passes away. The courts follow the instructions and provisions of the will strictly since the deceased is no longer able to communicate his or her wishes. In some cases, an interested party may have reason to contest... Read More

Estate Disputes: Testamentary Capacity in Virginia | Ryan C. Young | Richmond, Virginia Attorney

Estate Disputes: Testamentary Capacity in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Disputing an estate can be very challenging in any situation. A key area of concern for many is in whether or not a person had the ability to create a legally binding will. If you believe that a person did not create a will under the proper circumstances, it is possible to file an estate dispute regarding this in Virginia. Read More