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My Dad wants to leave his house to me in his will but he still owes on the mortgage. Can he do this and how?
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Answered on April 19, 2011
You need to check with your state laws, but as a general rule, you will take the asset subject to the debt. The executor will need to notify the...
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In Virginia, to whom may I leave the guardianship of my minor child?
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Answered on April 12, 2011
Under Virginia law, the surviving parent normally will have full custody of any children (even if the deceased parent had primary custody) unless a...
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Estate question
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Answered on April 12, 2011
I am a VA lawyer. In our state, Commissioners of Accounts are responsible for overseeing executor's administration of an estate. The...
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My father passed away and he was owed back SSI money.
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Answered on March 07, 2011
Sorry for your loss.
It appears to me that the SSI was likely an estate asset. So, that amount would probably be included in the probate...
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My father died recently, he left his house to me and my siblings. My question is: do the we have to assume the loan in order to
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Answered on February 25, 2011
I am sorry for your loss.
As a general rule, the qualified personal representative (executor is there is a will) will have the legal authority...
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How indepth does the medical exam need to be in regards to guardianship of elderly
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Answered on February 25, 2011
In my experience, judges don't substitute their judgment for doctors (or other recognized experts). If the only evidence presented was the doc...
Archived
Legal guardianship
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Answered on February 25, 2011
In Virginia, there is a statutory procedure for obtaining guardianship. There may be one similar where you live. In my state, you file a petition...
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Other than losing my home in a foreclosure process, what other legal actions should I expect? Will the use of a lawyer help?
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Answered on February 18, 2011
It sounds as though your loan is in full foreclosure. In most states, you generally have a right to make good on missed payments, fees, etc. and...
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I asked for power of attorney of my autistic grandson who has lived with me for over 2 years now. Mother has denied my request.
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Answered on February 18, 2011
This sounds like a complicated situation. Your facts beg the question for me -- what is going on with the parents? Can they not provide for their...
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If beneficiary to wife's savings plan is changed from husband to daughter in case of death, and then wife serves divorce papers?
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Answered on February 16, 2011
This question may be best handled by a divorce lawyer. As a general rule, when a couple is divorced, wills, some POD accounts, and some...
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