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What can be done if an original Will cannot be found.... owner of Will is critically ill ..... current husband is sole Executor
James's answer
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Answered on May 15, 2020
A will may be proved by a copy, if one can overcome a presumption that the will was revoked. When an original, self-proving will exists (or...
If my grandfather set up a trust fund for me to receive when I turn 18, and he died before I turned 18 can my grandma take it?
James's answer
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Answered on May 13, 2020
A trust is governed by its terms. A trust for a minor would normally survive or come into existence upon the settlor's or testator's death. It is...
What can I do legally to my husband's mistress? Can I name her in my divorce and their brand new baby and make her testify?
James's answer
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Answered on May 11, 2020
Filing a lawsuit to humiliate someone is a misuse of the legal process, and possibly sanctionable conduct.
A divorce may be filed in Virginia...
How to file defamation lawsuit in the middle of divorce ?
James's answer
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Answered on May 08, 2020
A cause of action for defamation is considered a personal injury. A victim of defamation should consult with a personal injury lawyer who with...
If I file an appeal to my bankruptcy dismissal, would that stop a foreclosure auction?
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Answered on May 07, 2020
Under Section 362 (c) of the Bankruptcy Code, the automatic stay in bankruptcy, which protects the debtor, the debtor's property, and property of...
My fiancé and I are debating whether a prenup makes sense for us and what exactly it can offer each of us?
James's answer
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Answered on May 04, 2020
A prenuptial agreement or antenuptial agreement can be beneficial to most fiances contemplating marriage. As there is an inherent conflict of...
Archived
Who owns my house after I pass in Virginia ?
James's answer
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Answered on May 04, 2020
Under Virginia Code Section 64.2-200, real property that is not effectively disposed of by a will, descends and passes to the surviving spouse,...
I had my father die living with my sister in Virginia. She said he had no will but she filed a keystone preservation trust.
James's answer
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Answered on May 01, 2020
A keystone preservation trust is some kind of marketing term. Trusts are not usually filed as stated in your question. Any lawyer would have to...
Archived
My father recently passed away and I know his account info. Will I get in trouble for withdrawing his funds?
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Answered on April 26, 2020
You do not indicate whether your father died testate - with a will - or intestate - without a will. If you were named as executor of his will, you...
Archived
How long do I have to wait to claim my brothers estate?
James's answer
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Answered on April 25, 2020
Your question raises a number of issues, starting with whether your brother died testate - with a will- or intestate - without a will, and the...