Archived
Why do I have to take my house deed out of trust for a loan and can it be put back in it with it being the only asset in it?
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Answered on August 12, 2018
I agree with Mr. Hart. I understand that often, banks are unable to sell mortgage loans to other servicing lenders if the property is in a...
Archived
Does a deed override a will?
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Answered on June 20, 2018
Assuming that the deed is titled to both the decedent and the mother as "joint tenants with right of survivorship", the title to that property...
Please tell me my rights as a beneficiary?
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Answered on June 12, 2018
As a beneficiary, you would be entitled to annual accountings of the trust pursuant to Va. Code Section 64.2-775. If your sister does not comply...
Archived
Can i ask to see check book and ask where all money is going even tho my sister is power of attorney he is still alive?
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Answered on June 07, 2018
I agree with both of the above responses. Since this involves your father, you (as his child) have standing to act under Va. Code 64.2-1614, and...
Archived
What is the proper thing to do about this matter ?
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Answered on June 01, 2018
From what you describe, you are looking at 2 separate issues: Your mother's need for a guardian, and your brother using her money for his needs. ...
How would I get 2 witnesses for will execution without asking my client to bring her/his own?
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Answered on May 31, 2018
My practice is in a small town. I've established relationships with other nearby businesses -- if we need to "borrow" a staffperson from the...
Archived
Do I need an estate plan, will or?
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Answered on April 14, 2018
To echo the responses by Mr. Hart and Mr. Farr, I firmly believe that EVERYONE should have a power of attorney and also a healthcare directive. ...
Do I need a revocable living trust and a revocable transfer on death deed (TOD)?
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Answered on March 27, 2018
I use a lot of revocable trusts in my practice. I generally use the analogy that the trust is like a bucket --- you are forming it generally for...
Archived
How can my grandpants will not be honored
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Answered on March 20, 2018
Agree with both of the above responses -- the laws of intestacy would control if the will wasn't properly executed. However, with that said, all...
Archived
Power of attorney
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Answered on March 20, 2018
I agree with the above responses. If your husband lacks capacity to sign a POA at the present time, a guardianship may be needed. I'd...