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...
Estate Litigation and Administration
How can a Virginia executor pay for an attorney?
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...
What happens if someone dies intestate in Virginia?
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...
Who gets paid first if the estate has insufficient funds to pay all debts?
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...
How undue influence can be grounds for a will challenge
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...
The most common reasons for will contests
One of the key components of an estate plan is a will. Through this document, inheritances can be passed on to cherished family members, gifts can be given to charity and guardians can even be named for minor children. For a will to be valid, certain protocols have to...
Can you avoid paying estate taxes?
You may attempt to employ legitimate tax avoidance strategies when managing your income, yet when it comes to mapping out your estate plans, you may have already resigned yourself to the inevitably of having the assets you leave behind for your beneficiaries taxed....