Skip to main content
Melanie Marguerite Lee

Melanie Lee’s Answers

16 total


  • I am in the very beginning stages of starting a medical transportation company in Virginia.

    Is my first step to become an LLC, or can I do that once I am operational? Also, I will be the only employee at first, do I need an EIN immediately?

    Melanie’s Answer

    I agree with the other answers presented. In addition to speaking to a business attorney for legal advice. An attorney can help you create your initial advisory team that will include an accountant/CPA to answer your tax questions.

    See question 
  • I have a will without self proving clause and my friend has passed leaving me the executive of his estate what are my rights

    He wrote the will in 2007 and it was notorized and signed by one other witness. Do i have the legal right to start acting as executive or no?

    Melanie’s Answer

    No. You will not have the right to began acting as executor of the Estate until the Court has certified you as executor of the Estate. I would contact an Estate planning/ Probate attorney with a copy of the Will so they can help you determine if the Court will accept the Will and what your next steps should be.

    See question 
  • I am pregnant living in Virginia, can I move to Indiana?

    I am 24 weeks pregnant. My ex boyfriend and I broke up about 2 months ago. Partly because of his inability/unwillingness to help prepare for the baby, partly because of his lack of inititive, and partly because of verbal abuse. I decided that I wo...

    Melanie’s Answer

    I agree with the other contributor. You are free to move where you choose. I do not understand from your question the importance of your baby being born in Indiana. I would suggest that once you choose your state of residency you speak to an attorney that handles custody and child support issues.

    See question 
  • My mother wants to tranfer her home over to me waht will we need to do, I will care for my disabled brother after her death.

    What will the cost be to do this and Do we need a lawyer to do so?

    Melanie’s Answer

    I agree with the other contributor. You should seek advice from an estate planning/ elder law attorney that can give your mother advice based on her situation taking into account tax issues and long term care needs.

    See question 
  • My father passed away in November 2011. There was an investment fund that I was the sole beneficiary of, do I have to split this

    My father left me as sole beneficiary on one of his stock funds. He passed away 11/30/2011. His will states that everything is to be divided equally between my sister and myself. Does that include my beneficiary funds? My sister claims she asked a...

    Melanie’s Answer

    I agree with the other attorney. Typically, the Last Will will not invalidate the beneficiary designation on the paperwork. Will only control the probate estate. The issue of the home will depend on the actual language in your father's Will. I would consult an attorney that could review on your behalf and tell you how to proceed.

    See question 
  • When there are only two adult, sound minded and similar aged children, should both be named as trustee on a living will?

    My mother lost her husband (our Dad) and son (our brother) and is devastated. She wants to be relieved of all the financial decisions and turn them over. She has created a living will- how does she allow for equal decision making without complic...

    Melanie’s Answer

    Your question presents an interesting scenario that often happens in Estate Planning. I am going to assume you are referring to a 'living trust'. It is wise that your mother is considering this as I have worked with trustee/beneficiaries in a 'two-way' tie that could not agree on property division or other issues and held the estate administration in limbo for years or led to litigation. Your mother should speak to the attorney drafting her estate planning documents about this concern. Adding another professional is an option however, she should be aware that corporate fiduciaries charge for their services...the attorney can also draft into the document what would/should occur if there is a disagreement on handling the estate or making decisions after death.

    See question 
  • Executor forcing the sale of a home

    My father just died. In his will, he left his house in Virginia to the estate. The will states that the value of the estate will be distributed with 25% being split among four of my cousins, and the remaining 75% going to me. I do have enough ...

    Melanie’s Answer

    You are going to want to speak to an estate attorney about your case. An attorney that handles probate cases can read the will to determine if the home must be sold or you and your cousins can agree to an alternative distribution.

    See question 
  • Do I Need a lawer?

    my grand farther just pasted, all of a sudden my sister is left everything,so she says and im the one who took care of him ...she`s a lawyer....what do i do?

    Melanie’s Answer

    Who receives your grandfather's estate will be based on whether your grandfather had a will or if he did not have a will his estate will pass by intestate succession (Virginia law). I will speaks to an Estates and Trust Attorney. An attorney can assist you in understanding your rights and your next steps.

    See question 
  • Do I need a real estate attorney to create a life estate deed?

    Can there be a sucession of remaindermen?

    Melanie’s Answer

    Yes...I would recommend that you use an attorney to complete it can be technicial to complete. Often, there can be a sucession of remaindermen. You should discuss that concern with an attorney.

    See question 
  • Am I an heir to my maternal grandmother's estate?

    My my mother passed away several years ago. My grandmother passed away in October of 2011. I am being told that myself and my brother were not named in my grandmother's will but we were not specifically excluded either. Another grandchild was name...

    Melanie’s Answer

    The provisions of your grandmother's will (if valid) would deterimine distribution of your grandmother's estate. If your grandmother did not include you in her will then you may not have a right to her estate. If your grandmother's will was filed, you can obtain a copy by contacting the local Circuit Court. I would recommend that you speak to a trust/ estates attorney.

    See question