Virginia Probate – The Laws of Intestacy

By Attorney Jennifer Kahl, July 16, 2019 What happens when a person dies without a Last Will and Testament? This is called dying “intestate.” The distribution of such an estate is governed by the Virginia’s laws of intestacy. What property is subject to the intestacy laws? First, property that owned in joint tenancy with another living person passes to the …

Virginia Probate – Do I Have to Refinance the House When the Owner Dies?

By Attorney Jennifer Kahl, July 9, 2019 If you have inherited real estate from a person who died, you may be wondering if you have to refinance the mortgage. Often, the mortgager will lead you to believe that you must. However, this is not usually the case. The “due on transfer clause” Most mortgages have a rule that, if the …

WHO SHOULD MANAGE YOUR FUNDS?

By Attorney Robert T. Brooks July 3, 2019 Who should manage your funds?  The answer is simple… it should be you or a responsible individual/entity of your choosing.  I recently drafted a Trust and other estate planning documents for a client.  Per my instructions she was trying to retitle certain assets into the name of the Trust.  Unfortunately, one of …

When is “Just Walk Away” good legal advice?

BY ATTORNEY SUSAN I. JEAN June 28, 2019 As an attorney my job usually is giving advice of what should be done.  But sometimes my best advice is to just walk away from a situation.  I met with a potential client recently.  She is very upbeat and funny, and on hospice as a result of her cancer.  She has been on …

Virginia Probate – Titles of the Personal Representative

By Attorney Jennifer Kahl, June 25, 2019 The term “personal representative” refers to the individual(s) or entity which has been appointed by the court to manage the estate of a deceased person. “Personal representative” is a general term; the specific title of each personal representative (“PR”) depends on several factors. Executor/Executrix An Executor is a person (or entity) who is …

Virginia Probate – Who is the Commissioner of Accounts?

By Attorney Jennifer Kahl, June 18, 2019 After consulting with an experienced estate administration attorney, you have determined that it is necessary to open a formal probate estate (click here for a basic calculation). You have started the process by qualifying as Personal Representative at the Court and receiving your Qualification Letter. The Clerk has “assigned” your estate to someone …

So Proud of my Daughter!

BY ATTORNEY SUSAN I. JEAN June 14, 2019 On a personal note, my daughter Lindsey is an animal handler in Florida at Jungle Friends Animal Sanctuary.  She was recently featured on their website, and I’m proud to share her video.  https://www.youtube.com/watch?v=LinTIzBPAwc

Virginia Probate: Consequences of Joint Ownership

By Attorney Jennifer Kahl, June 10, 2019 When someone dies, the first step is to identify the decedent’s assets and determine how the assets are titled. The title of the assets plays a big role in determining the administration of the estate. Most people do not realize that there is more than one type of joint ownership. Joint ownership with …

Pet Trusts

BY ATTORNEY SUSAN I. JEAN We love our fur-babies and they love us back … We spoil our fur-babies and they spoil us back … We protect our fur-babies … and sometimes they protect us back…  Being a responsible pet parents includes the responsibility to plan for our pets  Who can take care of them if we can’t?  Where will they …

ARE YOU TOO YOUNG TO HAVE A WILL?

By Attorney Robert T. Brooks June 6, 2019 Many people ask me, “when should I create a Will”.  My answer is as long as you are 18 years of age and of sound mind, you should have a Will.  Many people procrastinate and do not put a Will in place until later in life, but if you are 18 years …