Estate Planning in Virginia | VA Legal Resources | FastCounsel

How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Virginia

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Overview of Virginia’s Medicaid Estate Recovery Program Under federal and Virginia law, the Department of Medical Assistance Services (DMAS) may seek recovery from the estate of a deceased Medicaid […]

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How to Navigate Medicaid Liens in Personal Injury Settlements in Virginia (VA)

Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. In Virginia, the Department of Medical Assistance Services (DMAS) has a statutory right to recover Medicaid benefits paid on behalf of a beneficiary out of third-party recoveries, including personal […]

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What options exist for selling or auctioning personal property in Virginia to reimburse estate expenses and equalize distributions among heirs?

Detailed Answer When a Virginia resident dies leaving personal property—furniture, jewelry, vehicles—the personal representative must collect assets, pay estate expenses and debts, then distribute what remains. Virginia law provides clear paths for selling or auctioning personal property to cover expenses and achieve fair distributions. 1. Statutory Authority to Sell Personal Property Under Virginia Code § […]

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What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in Virginia?

Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or title professional for guidance tailored to your situation. When verifying every individual with an interest in real property in Virginia, you must identify all current owners, potential heirs, trustees, lienholders, and other parties with […]

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How can an interested party determine if surplus funds remain after a foreclosure sale in Virginia (VA)?

Detailed Answer Under Virginia law, a foreclosure sale under a deed of trust is conducted by a trustee and overseen by the Clerk of the Circuit Court in the county where the property is located. If the sale price exceeds the outstanding debt, fees and costs, the excess balance is called “surplus funds.” An interested […]

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What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Virginia?

Disclaimer: This educational article does not constitute legal advice. Detailed Answer 1. Overview of Surplus Funds in Virginia Foreclosure Sales Under Va. Code § 55.1-3236, any excess from a foreclosure sale after satisfying the debt, interest, taxes, and costs must be deposited with the clerk of the circuit court that conducted the sale. The former […]

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Do I Get Any Ownership Interest in the Real Property if I Am Paying the Mortgage? – Virginia

Do I Get Any Ownership Interest in the Real Property if I Am Paying the Mortgage? Detailed Answer Virginia law distinguishes between legal title and equitable interest. Paying the mortgage alone does not transfer legal title to you. Title to real property passes only by a properly executed and delivered deed under the Statute of […]

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What steps are needed to access and review information held in an unclaimed property account by NCCash.com? (VA)

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Detailed Answer Virginia’s Uniform Disposition of Unclaimed Property Act (Va. Code § 55.1-1500 et seq.; see https://law.lis.virginia.gov/vacode/title55.1/chapter15/) governs how unclaimed property is held and released. NCCash.com aggregates unclaimed property data for multiple states, including Virginia. Follow these steps to access […]

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What Options Exist for Establishing Authority Over an Elderly Heir’s Personal and Financial Decisions in Virginia?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Virginia attorney before making legal decisions. Detailed Answer 1. Durable Power of Attorney for Financial Matters A durable power of attorney (DPOA) lets an elderly heir (the principal) appoint someone (the agent) to manage bank accounts, pay bills, […]

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How to Obtain and Document Medical Care When Concerned About Out-of-Pocket Costs in Virginia

Disclaimer This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or financial counselor for guidance on your specific situation. Detailed Answer 1. Assess Your Insurance and Coverage Options Before seeking care, review your health insurance plan’s summary of benefits. Identify copays, deductibles, and out-of-pocket maximums. If you’re […]

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