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

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

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

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a motion? A motion is simply a request filed with the court asking a judge to issue a ruling or order. When one party files a motion, notice is also given to the attorney for the opposing party. Virginia’s motions practice procedure is explained in Va. Sup. Ct. R. 4:15. Motion to Compel Discovery In relation to discovery,... Read More