John Max Barger's Answers

My deceased Mother owned several cemetary plots for the rest of the family but no one wants them. How can they be sold?

Actually, in Virginia, the law is a little different for plots like this. First, did your mother have a probate estate and was a list of heirs filed in the jurisdicton where she resided? In Virginia, real estate, including cemetary plots, vests in the name of the heirs subject to the claims of creditors of the estate. In other words, the cemetary plots belong to you and your siblings (presuming your mother was not married at the time of her death) and the lot of you have the authority to...

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Does a divorce decree override a Last Will and Testament

You and your brother definitely need legal advice on this matter. There are many variables in a case like this which could change the outcome. The most important variable, it would seem, is the language of the divorce settlement agreement and the choice of law clause (is the agreement to be constued according to New York law). That said, if the settlement agreement specifically gives you and your brother an interest in his estate, then you may have a cause of action against his estate....

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If I put my adult son as joint on my bank account, will he have to pay tax on that money when I die

I think what you are asking is "will there be an estate tax" when you die. Simply stated, a joint asset is 100% includible in your taxable estate at your death. Since you said it was your bank account, then I assume you contributed 100% to the account and you son made no contribution. Correct? In Maryland, there is state estate tax liability on estates above $1 million. The federal estate tax liability is on estate of $3.5 million and above. The real issue, which you are not asking,...

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If a person dies intestate, w/ no hard assets & family does not want to go to probate - will it happen?

This is a very good question, and not all that uncommon of an occurrence. In Virginia, if a person dies intestate (without a Will) then the Code determines who has precedence to qualify as the Administrator of the estate. If the estate has more debt than assets, then it is considered to be an insolvent estate. However, to make that determination, someone has to qualify as the Administrator, gather all of the assets and liabilities, then negotiate with the creditors to see who gets paid,...

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Collecting son's personal effects from room mate after death.

I agree with the above information. However, one further step you may want to take is to qualify as the Personal Reprsentative of your son's estate. This qualification gives you the specific authority to take action on behalf of your son's estate. You should speak with an attorney familiar with the probate laws of Maryland (assuming your son was a resident of Maryland at the time of his death) regarding the details, however. There are many responsibilities that go along with becoming the...

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What happens to our aunt's house in VA is she doesn't have a will?

In Virginia, the real estate of a decedent vests in the heirs at law regardless if there is a will or not. However, if there is a Will that directs that the real estate is to be distributed to someone other than the heirs, then the Will supercedes the law of intestacy. In a nutshell, your aunt's real estate would pass to her closest living relatives, since her husband is deceased. First it would pass to her children or other descendants. If she has none, then to her parents. If her...

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Mother-in-law died intestate. Only asset, home value-$80K. She had credit card Debt-$22K. Probate required to settle debt?

Although you don't want to hear this, you need to go see an attorney. Creditor rights and Insolvent estates can be very complex and there is necessarily much legal wrangling that goes on. Even in an estate this small. Ethically, I have to tell you that the information I give here is not intended to be legal advice, but general in nature and does not create an attorney-client relationship. You need to hire an attorney to give you specific advice on this matter. These particular facts...

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Irrevocable trust

You may not want to hear this answer, but it totally depends on the language and terms of the irrevocable trust. Further, trust law is complex, and one variable may completely change the answer in a given situation. You need to see a qualified attorney who practices in the area of trusts and estates. Generally speaking, most irrevocable trusts may not be altered; that is why they are called "irrevocable." There are certain benefits that accrue to the grantor (the creator of the trust)...

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Can I add to my will without a lawyer?

Seriously? You are asking an attorney if you really need an attorney?! All kidding aside, here is a response to your query: The Code of Virginia provides that you can write your own Last Will and Testament. However, if you are doing so, it should be entirely in your own handwriting. Notarization is not required for a valid Will. You should have your signature witnessed by two independent witnesses, however. Many people have the impression that notarization makes the Will valid, and...

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My husband is sick and we have only been married six years. What happens to his estate?

You have a number of options as a spouse. However, it is important to point out that you should consult with an attorney, licensed in Virginia, to review your particular situation. I can give you general advice here, but no attorney-client relationship is established by giving you this general information (ethically, I am required to tell you this). The first and most effective step to take is to speak with your husband about your concerns if he is able to communicate with you. It is...

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