If you believe a loved one's will was signed under pressure or manipulation from another person, while their mental capacity was diminished or because of fraud, Virginia law may permit you to contest it. Courts do not set aside a will based on suspicion alone. Clear,...
Probate
What if the family finds multiple wills after a passing?
There are many scenarios in which families may have questions about the validity of estate planning documents or what the deceased person truly intended. The discovery of multiple different estate plans drafted by the same person can leave everyone questioning what...
What shows that a testator lacked capacity when drafting a will?
Wills may contain instructions that seem to contradict what a deceased individual previously discussed with their family members during their lifetime. In cases where the contents of an estate plan surprise or disappoint those closest to the deceased individual,...
The benefits and drawbacks of asset liquidation during probate
Some testators know what assets they wish to leave for specific family members. Their children may have already requested certain resources or heirlooms, or testators may make choices based on meaningful memories that they share with their beneficiaries. Others don't...
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...

