Melanie Marguerite Lee's Answers

Do I Need a lawer?

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.

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Executor forcing the sale of a home

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.

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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

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.

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

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.

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

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.

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

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.

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Mother died Richmond, VA intestate

In this situation you should seek advice from an Estate attorney. In Virginia, Small Estates Affidavits can be very helpful and in conjunction with Real Estate Affidavits to settle small estates. However, there are many factors involved and you would not want any lingering issues to come up in future years.

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

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.

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.

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.

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

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....