Attorney Ryan Young provides a brief, general overview of the probate process in Virginia. Contact our Richmond, Virginia area law office to discuss your particular needs.
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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...
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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...
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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...
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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...
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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...
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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...
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Because not every adult who is alleged to need a guardian is actually incapable of managing his or her own affairs, there are provisions in the law to protect his/her rights during a guardianship proceeding.
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When a guardianship or conservatorship petition for an incapacitated adult is initiated in Virginia, the court will enter an order at the end of the litigation. This order will lay out whether the court finds by clear and convincing evidence that the Respondent is an incapacitated person or not. If the court finds that they are incapacitated, a guardian and/or...
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Attorney assisting clients throughout Central Virginia (Richmond, Henrico, Hanover, Goochland, Chesterfield and beyond).