Estate Planning in Virginia | VA Legal Resources | FastCounsel

What Evidence or Documentation Supports a Request to Amend a Police Report in Virginia?

Detailed Answer: Requesting an Amendment to a Police Report in Virginia Under Virginia law, you cannot directly force a law enforcement agency to rewrite a police report. However, most agencies maintain internal procedures that let you submit corrections or supplemental information. Follow these steps to increase your chances of a successful amendment request: Obtain the […]

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Can a personal representative seek a commission on estate assets and sale proceeds in VA?

Detailed Answer: Commission on Estate Assets and Sale Proceeds Under Virginia Code § 64.2-1101, an individual personal representative may receive statutory commissions on the gross value of estate assets, including proceeds from any sales. This statutory commission serves as compensation for all normal fiduciary duties, and you cannot collect separate sales commissions beyond these rates. […]

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How to Verify and Probate an Old Will Discovered Decades After Execution in Virginia

Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under Virginia law, probating an old will discovered decades after execution involves proving its authenticity, confirming valid execution, and following proper court procedures. Follow these steps: 1. Secure the original will Bring the original document to the Circuit Court of […]

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Where Would Insurance or Government Program Payments Appear on the Statement of Account in Virginia?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney or qualified professional for guidance on your specific situation. Detailed Answer In Virginia, when a healthcare provider or similar business issues a statement of account (sometimes called a patient statement or ledger), it typically breaks down the total […]

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How to Verify if the Decedent Had a Valid Will or Other Estate Planning Documents in VA

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Virginia, you may need to confirm whether they left a valid will or other estate planning documents. Follow these steps to verify the existence and validity of those papers under Virginia law. 1. Examine Personal […]

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What Steps Are Needed to Include Real Property into the Estate Successfully in Virginia?

Detailed Answer Including real property in an estate under Virginia law requires precise title management, proper estate‐planning documents and timely probate administration. Below is a step‐by‐step guide. 1. Confirm Ownership and Title Type • Review the current deed to determine if the decedent held the property as sole owner or with others. • Joint tenancy […]

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How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?

How a Former Spouse or Survivor Can Assert Entitlement to Surplus Funds in Virginia Detailed Answer Surplus funds, sometimes called excess proceeds, arise when a property sale—whether a foreclosure, a court-ordered sale in divorce, or the sale of estate assets after death—yields more money than owed to creditors. Virginia law allows the former owner, a […]

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

Surplus Funds After a Foreclosure Sale in Virginia Detailed Answer After a foreclosure sale in Virginia, a sale price exceeding the secured debt and associated costs creates surplus funds. These excess proceeds belong to the former owner or other entitled parties, such as junior lienholders. Under Virginia law, trustees handling nonjudicial sales must apply proceeds […]

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What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined when a will designates a remainderman? — VA

Detailed Answer Under Virginia law, a life estate gives a lifetime beneficiary (the life tenant) a present, possessory interest in real property for the duration of the tenant’s life. Meanwhile, a remainder interest gives one or more persons (remaindermen) a future interest that takes effect after the life tenant dies. Your will or deed language […]

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