How can I request an extension for filing a final accounting in probate in Virginia?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under Virginia law, a personal representative must normally file a petition for final settlement and accounting within three months after the nine-month anniversary of qualification. See Virginia Code § 64.2-1001(link). If you cannot meet this deadline, you must petition […]
Read article →Do I need to open an estate to pursue a wrongful death involving a car accident in Virginia?
Detailed Answer Under Virginia law, only the decedent’s personal representative can file a wrongful death claim. A wrongful death action arises under Va. Code § 8.01-50 and must be brought by the personal representative appointed under Va. Code § 8.01-51. If you have not yet opened an estate, you cannot serve in that role. To […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia for guidance on your specific situation. Detailed Answer: Distributing Wrongful Death Proceeds in Virginia In Virginia, a wrongful death claim allows certain beneficiaries to recover monetary damages when a loved one dies due to another […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Virginia
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your specific situation. Detailed Answer If you’ve inherited property and Medicaid paid for the decedent’s long-term care, Virginia’s Medicaid Estate Recovery Program may file a claim against the estate. Under Va. Code § 32.1-325.1, the […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Virginia
How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Virginia Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer When a business owner passes away, their estate’s representatives often must gather […]
Read article →What is the process for petitioning a Virginia court to remove a personal representative for mishandling estate assets?
Detailed Answer Under Virginia law, any interested person may petition the circuit court to remove a personal representative who mishandles estate assets. Virginia Code § 64.2-1800 outlines the removal process. The court may act if the personal representative engages in neglect of duty, misconduct, failure to file required accounts, or other sufficient cause. 1. Identify […]
Read article →How can an interested party open probate for a decedent’s estate in Virginia?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Virginia, opening probate means asking the circuit court to admit a will or appoint a personal representative to manage a decedent’s estate. An "interested party" may include an executor named in a will, an heir, beneficiary or creditor. […]
Read article →What information and duties is a Virginia personal representative required to provide to heirs?
Detailed Answer Under Virginia law, a personal representative (often called an executor or administrator) holds a fiduciary duty to manage and distribute estate assets for heirs and beneficiaries. The law sets clear timelines and requirements for the information this representative must provide. 1. Initial Notice of Appointment Within six months after qualification, the personal representative […]
Read article →What steps are required to file probate court documents and publish creditor notices in Virginia?
Disclaimer: This content is for informational purposes only and is not legal advice. Consult a qualified attorney for legal guidance. Detailed Answer In Virginia, probate requires filing specific documents with the circuit court and publishing notices to creditors. The process falls under Title 64.2 of the Code of Virginia. Step 1: Gather and Prepare Documents […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent's Death in VA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Title Transfer vs. Estate Property under Virginia Law When a vehicle owner dies, classification of a previously transferred vehicle can affect the probate estate. Virginia Code defines the decedent’s probate estate in Va. Code § 64.2-600. A transfer before death […]
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