How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Virginia
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When you open probate in Virginia, you must locate and submit the decedent’s original will—or, if unavailable, a certified filed copy—to the circuit court. Follow these steps to fulfill the requirement under Virginia law. 1. Locate the Original Will […]
Read article →How to Invoke an Insurance Appraisal Clause to Challenge a Low Diminished Value Offer in Virginia
Detailed Answer Diminished value claims seek fair compensation for the loss in a vehicle’s market value after an accident. If your insurer’s offer seems unreasonably low, you can invoke the appraisal clause in your policy to settle the dispute. This process is contractual and enforceable under Virginia law. 1. Review Your Policy’s Appraisal Clause Locate […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in Virginia?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Virginia, probate involves validating a will, identifying assets and debts, paying liabilities, and distributing property under the Virginia Probate Code. Gathering key information and documents before a loved one’s passing can minimize delays and reduce court costs. Below […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds? (VA)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Understanding Trustee Duties and Breach in Virginia Under Virginia law, a trustee must administer the trust in good faith, follow the trust terms, avoid conflicts of interest, and manage investments […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records in Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney for guidance tailored to your situation. Detailed Answer Under Virginia law, employers must keep payroll records and allow an employee or former employee to inspect or copy them. Virginia Code § 40.1-29 requires employers to retain […]
Read article →How do I calculate and support lost wage claims when hours and pay rate records are missing in Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer Under Virginia law, employers must maintain accurate records of hours worked and wages paid. When those records are missing or incomplete, you can still recover lost wages by relying on […]
Read article →What Steps Are Needed to Seek Guardianship or Conservatorship for an Incapacitated Relative in Virginia?
Detailed Answer Under Virginia law, a guardian may oversee the person or estate (conservatorship) of an incapacitated relative. You must follow the protective proceedings set forth in the Virginia Code. Below are the key steps: 1. Determine Incapacity Virginia Code § 64.2-2000 defines an “incapacitated person” as someone unable to manage property or financial affairs […]
Read article →How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In Virginia, the probate process cannot begin without the original will or any codicils. Locating and verifying these documents involves a systematic search and validation under Virginia law. 1. Conduct […]
Read article →Options for Selling or Transferring Real Property When an Heir Is a Minor Child in Virginia
Detailed Answer When an heir to real property in Virginia is a minor, the minor cannot legally consent to a sale or transfer. Virginia law requires court supervision or appointment of a custodian. Below are the primary options: 1. Guardian Sale with Court Approval A duly appointed guardian of the minor’s estate may petition the […]
Read article →How can Virginia’s slayer statute affect an heir’s right to inherit from a decedent’s estate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Overview of Virginia’s Slayer Statute Under Virginia Code § 64.2-309 (link), any person who feloniously and intentionally kills a decedent forfeits all benefits from that decedent’s estate. In practice, the killer is treated as having died before the victim. […]
Read article →