Which assets to list on a Virginia small estate affidavit — what to include and what to leave out
Deciding Which Assets to List on a Virginia Small Estate Affidavit Short answer: Only list the specific assets you intend to collect through the affidavit — normally the decedent’s sole-owned personal property that did not pass automatically to someone else (by joint ownership, beneficiary designation, trust, or survivorship). Do not use the affidavit to claim […]
Read article →Virginia: Does appointment as guardian of the person include the guardian of the estate?
Detailed Answer — How Virginia handles guardian of the person vs. guardian of the estate Short answer: No. Under Virginia law, a court appoints guardians for an adult’s person and for an adult’s estate (property/finances) as separate roles. One appointment does not automatically create the other, although the court may appoint the same person to […]
Read article →Virginia: Filing a Civil Lawsuit After an Assault Even If You Didn’t Visit a Hospital
Detailed Answer Yes. Under Virginia law you can usually bring a civil lawsuit for assault (and related claims such as battery or intentional infliction of emotional distress) even if you did not go to the hospital after the incident. Criminal cases and civil lawsuits are separate: the state prosecutes criminal assaults while an individual can […]
Read article →Virginia: How to Get an Auto Insurer to Reopen a Closed Claim
FAQ — Reopening a Closed Auto Damage Claim in Virginia Short answer: Act quickly. Review your policy, gather documentation showing the claim was closed improperly or that new damage/evidence exists, send a written request to the insurer asking it to reopen the file, escalate inside the company if needed, and if the insurer refuses or […]
Read article →Virginia — Removing Squatters and Unauthorized Occupants Before a Sale
Quick FAQ: Removing unauthorized occupants and squatters under Virginia law Short answer: If someone is occupying your property without permission in Virginia, you generally must use the court process (summary ejectment/unlawful detainer or a civil ejectment action) or ask law enforcement to remove a criminal trespasser. You should gather proof of ownership, document the occupancy, […]
Read article →Virginia: How to Be Appointed a Limited Personal Representative in a Small Estate to Run Creditor Notice and Sell Real Property
Understanding Appointment as a Limited Personal Representative in Virginia Small-Estates: Steps to Run a Notice to Creditors and Address Real Property Disclaimer: This is educational information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney or the clerk of the circuit court in the county […]
Read article →Virginia: Does a Will Override an LLC Operating Agreement to Transfer a Business Interest?
Can a will transfer your LLC or business interest despite an operating agreement? Short answer: Generally no — in Virginia the LLC’s operating agreement and the company’s transfer rules usually control who can receive membership rights when an owner dies. A will can try to pass your economic interest (distributions), but it often cannot force […]
Read article →Recovering Medical and Therapy Expenses After an Accident in Virginia
Detailed Answer — Recovering Medical and Therapy Expenses Under Virginia Law In Virginia, a person injured in an accident can generally recover medical bills and therapy expenses that were caused by the defendant’s negligence or wrongful conduct. Recoverable items typically include past and reasonably certain future medical treatment, physical therapy, mental-health counseling, prescription costs, assistive […]
Read article →Virginia: Do medical and chiropractor liens reduce my settlement?
How medical and chiropractor liens affect personal-injury settlements in Virginia Detailed answer — what to expect under Virginia law In Virginia, when you recover money for an injury (through settlement or judgment), certain medical providers and payors can assert claims against that recovery. Those claims commonly include unpaid medical bills from hospitals, doctors, and chiropractors, […]
Read article →When an Insurer Stops Communicating or Threatens to Close a Claim — Virginia Guide
When an insurer stops communicating or threatens to close your claim: a clear Virginia guide Short answer: Act quickly. Document everything, demand a written status update, reference Virginia's unfair claim practices law, and if the company still refuses to respond or improperly closes the claim, file a complaint with the Virginia State Corporation Commission (SCC) […]
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