Contract Law: What is the Statute of Frauds in Virginia? | Ryan C. Young | Richmond, Virginia Attorney

Contract Law: What is the Statute of Frauds in Virginia? | Ryan C. Young | Richmond, Virginia Attorney
Contract Law: What is the Statute of Frauds in Virginia? The Statute of Frauds in Virginia is quite simply a provision to identify specific instances where a written contract is required. In other words, the Virginia legislature has determined that an oral agreement will not be enforceable in certain instances. Virginia is not unique in this regard. The purpose of... Read More

Enforceability of Non-Compete Agreements in Virginia | Ryan C. Young | Richmond, Virginia Attorney

Enforceability of Non-Compete Agreements in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Non-compete Agreements in Virginia The enforceability of a non-compete agreement in Virginia depends greatly on the specific terms of the agreement.  Many times, clients will come to me and ask for a clear determination of whether a non-compete agreement will be upheld. The problem is that there is no clear rule and the Virginia courts will look to many factors... 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

Alternative Dispute Resolution in Virginia | Ryan C. Young | Richmond, Virginia Attorney

Alternative Dispute Resolution in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Resolving Civil Litigation Through Alternative Dispute Resolution There are three types of resolution that can be utilized to avoid litigation in a courtroom:  mediation, arbitration, or settlement conference. There are benefits to each alternative, but the overriding benefit is that both parties avoid the formality, time and expense of a court proceeding.  Alternative dispute resolution can be an opportunity to... 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

Due Diligence When Buying a Business in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney

Due Diligence When Buying a Business in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney
What does due diligence entail when buying a business? So, you’ve decided to take the plunge and purchase an existing business.  Congratulations! Before you sign anything, you have the opportunity to research the company to verify that it is a good investment. The generally accepted term for this type of research is due diligence. This is your chance to look... 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

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney
What happens if LLC Members cannot agree?  In Virginia, a Limited Liability Company (LLC), may be dissolved for many reasons, but when there are irreconcilable differences between or amongst owners (members), judicial intervention may be the only remedy.  A member may, in accordance with the operating agreement and articles of incorporation, petition a court of competent jurisdiction for dissolution.  In... Read More

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney
Two Broad Categories of Damages in a Virginia Breach of Contract Lawsuit There are two broad categories of damages ex contractu: direct, or general, damages and consequential, or special, damages. Direct damages are those which arise “naturally” or “ordinarily” from a breach of contract; they are damages which, in the ordinary course of human experience, can be expected to result from a breach. Consequential damages are those which arise from the intervention of “special... 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