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

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

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

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

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 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

Can a Guardianship Order be changed or terminated? | Ryan C. Young | Richmond, Virginia Attorney

Can a Guardianship Order be changed or terminated? | Ryan C. Young | Richmond, Virginia Attorney
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... Read More

120 Day “Rule” in Virginia Adult Guardianship Proceedings. | Ryan C. Young, Virginia Attorney

120 Day “Rule” in Virginia Adult Guardianship Proceedings. | Ryan C. Young, Virginia Attorney
By: Ryan C. Young, Virginia Attorney In 2013, the Virginia legislature made changes to the provisions of the Code of Virginia concerning the hearing on a petition for guardianship and/or conservatorship of an incapacitated adult. As part of the changes, Sec. 64.2-2007 was changed to state that a hearing on the petition must be held within 120 days of the... Read More

You Need an Estate Planning Attorney | Ryan C. Young | Richmond, Virginia

You Need an Estate Planning Attorney | Ryan C. Young | Richmond, Virginia
With the flood of inexpensive and even free, will planning aides available in this Internet age, the question often arises, “Why should I use an attorney when all I need is a simple will?” The answer is two-fold: there is no such thing as a “simple will” and the only time your will can really prove itself sound is after... Read More