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My sister is entitled as the only person to enherit my father's will but can my brother and I claim on it?
Evan's answer
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Answered on July 20, 2015
You can make a creditor claim against the probate estate, assuming there is one. However, you're going have to prove the terms of the loan and that...
Archived
Ia a power of attorney legally binding?
Evan's answer
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Answered on July 20, 2015
It is true that a properly-prepared and properly-signed and notarized power of attorney is legally enforceable. It is also true that financial...
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My daughter and her fiance want to buy the house together in DC before they are married.
Is it a good idea?
Evan's answer
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Answered on July 20, 2015
This would be a terrible idea without having an agreement in place. This can be a premarital agreement, or a coownership agreement. And there is no...
Archived
How long does surviving spouse in Va have to file for an elective share ?
Evan's answer
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Answered on July 17, 2015
The general answer is contained in Virginia Code § 64.2-302. But Mr. Hart is correct that you need an attorney to help you petition the court to...
Archived
My brother the other executor has $90,000 in outstanding unpaid personal debt. Can that affect my share?
Evan's answer
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Answered on July 17, 2015
You need a new probate lawyer to represent you individually. And you probably need to go back and petition the court to have your brother removed...
Archived
I am the agent under a POA. I need to appoint someone else to handle a vehicle sale 2000 miles away. How do I do that?
Evan's answer
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Answered on July 16, 2015
You need an attorney to review the POA to determine if it allows you to delegate your power to someone else. This power must be specificaly...
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What legal issues in VA do I need to be on the lookout for to protect myself from my husband's ex who wants to end our marriage?
Evan's answer
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Answered on July 16, 2015
I have changed the field of practice to family law so that your question will be seen by the proper attorneys. However, I'm not really sure that...
Archived
Recourse in court ordered payments to the husband of our mother who is in a dementia facility
Evan's answer
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Answered on July 15, 2015
It is not clear from your question whether you were represented by counsel in this matter. If you were, you should consider appealing the case and...
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How do I cash in some floating rate senior notes? My dad inherited them and he just passed away. What do we do with them?
Evan's answer
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Answered on July 14, 2015
I agree with Mr. Sullivan completely. You first need to determine, by seeing a probate attorney, who has the right to deal with these notes. Once...
Archived
Do I need an estate attorney?
Evan's answer
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Answered on July 13, 2015
Mr. Sullivan is exactly right (not bad for a criminal defense attorney)!