Your estate plan is only as good as the person you choose to execute it. When executors in Virginia breach their duties, beneficiaries do not have to accept it quietly. They can file lawsuits to protect their inheritance. These legal actions usually stem from a few...
Most adults retain their testamentary capacity until they die. However, sometimes people have severe medical challenges that compromise their ability to understand their circumstances. In those cases, they may lack the capacity to draft a valid will. If the date of a...
Getting left out of a parent’s will can feel like a punch in the gut, especially when it comes without warning or explanation. While Virginia law doesn’t guarantee that every child gets a share, being excluded doesn’t automatically mean you’re out of options. Here’s...
There are many things that have to be taken care of when a person passes away. While many people are focused on getting the final arrangements made, the tasks go far beyond that. Many adults who die have outstanding debts, but those debts don’t automatically go away...
Transferring real property on behalf of an estate is a consequential responsibility that may arise during the estate administration process. Whether the property is a family home, vacation residence or investment property, ensuring a proper and legal transfer is...
Some people take legal action to contest a will in probate court when someone close to them dies. There are a few reasons why people may take issue with an estate plan. In some cases, a testator might have included inappropriate terms that make the will they drafted...
An executor or personal representative agrees to manage estate administration out of respect for a decedent or testator. Some people agree to accept the role when a loved one creates an estate plan. Others step up during the early stages of probate court after a loved...
If someone dies without a valid will (intestate), the laws of the Commonwealth of Virginia will determine the heirs and how to distribute the estate fairly. Probate can be easier when there is a will, as the court will follow the decedent's written wishes. But the set...
Just as no one can predict death, no deceased individual could have anticipated leaving debts that their estate’s assets would not be able to cover. As unfortunate as it is for creditors and heirs, it is only realistic for the law to have the estate pay what it can to...
Will challenges are unusual in Virginia probate proceedings, but they do happen sometimes. One allowed reason to claim a will submitted in the decedent's name is invalid is known as "undue influence." Like any other legal document, the party signing their will must...
