Estate Planning in Virginia | VA Legal Resources | FastCounsel

How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? — VA

Detailed Answer This FAQ explains how a personal representative in Virginia can confirm that a decedent’s probate has officially concluded and that a trust has been properly funded. It assumes no prior legal knowledge and describes clear, practical steps you can take. 1) Confirm the probate file and court orders Start by obtaining the court […]

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Which financial powers can be granted through a power of attorney during incarceration in VA?

FAQ: Financial Powers in a Power of Attorney During Incarceration (VA) FAQ: Financial powers that can be granted through a power of attorney while incarcerated (Virginia) Short answer: In Virginia, a principal who is incarcerated can use a properly executed financial power of attorney (POA) to give an agent authority to manage most ordinary financial […]

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What formal requirements ensure a power of attorney executed in prison is legally valid in VA?

How to make a legally valid power of attorney (POA) from prison under Virginia law Short answer: To maximize the legal validity of a power of attorney signed while incarcerated in Virginia, the principal must have capacity, sign a clear written POA that uses durable language if intended to last through incapacity, follow Virginia execution […]

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What documentation and appraisal process are needed to prove my car’s diminished value (VA)

How to Prove Diminished Value for Your Car in Virginia: Documentation and Appraisal Process Short answer: To prove diminished value in Virginia you need clear documentation of the vehicle’s pre-accident market value, a reliable post-repair market valuation or independent appraisal showing the loss in market value, and contemporaneous repair and condition records. Then present a […]

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What documentation is needed to prove ownership when filing a surplus funds claim in Virginia (VA)?

Detailed answer — Proving ownership to claim surplus funds after a foreclosure in Virginia This guide explains, in plain language, the kinds of documentation Virginia courts and sale trustees typically require when someone files a claim for surplus (also called “surplus proceeds” or “excess proceeds”) after a foreclosure sale. It assumes you start with no […]

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How does the diminished value process work if I do not own my car? (VA)

Understanding Diminished Value When You Don’t Own the Car — Virginia Disclaimer: This information is educational only and is not legal advice. If you need legal advice about a specific situation, consult a qualified attorney licensed in Virginia. Detailed Answer — Who can claim diminished value when you don’t own the car? Diminished value is […]

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Can I become the personal representative of my sister's estate? (VA)

FAQ: Can I become the personal representative of my sister's estate? Quick answer Yes — it is often possible for a sister to be appointed the personal representative (also called executor or administrator) of her sibling's estate in Virginia, but the path depends on whether the deceased left a valid will, who the will names, […]

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Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (VA)

Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? Detailed Answer — How Virginia treats wrongful death and survival recoveries Short answer: It depends. In Virginia, money recovered after a person’s death can come from two different legal claims. Which claim produced the recovery determines whether the funds become part […]

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What is the process for inventorying and distributing estate assets among multiple heirs in Virginia?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Virginia for guidance on your specific situation. Detailed Answer In Virginia, the personal representative (executor or administrator) follows a structured process to inventory and distribute estate assets among multiple heirs. Below are the key steps […]

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How can I probate an unwitnessed or unnotarized will in Virginia?

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Virginia’s Will Execution Requirements Under Virginia law, a valid will must meet strict formalities. Code § 64.2-403 requires that the testator sign or acknowledge the will in the presence of two credible witnesses. Those witnesses must also sign the […]

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