Virginia — What Happens to Mortgage Payments and Utilities During Probate?
What happens to mortgage payments and utilities while an estate is in probate in Virginia? Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about a specific estate, consult a licensed Virginia attorney. Quick answer During probate in Virginia, mortgage payments and utility bills do not […]
Read article →Virginia — Finding a Missing Parent as Next-of-Kin During Probate
Disclaimer: I am not a lawyer. This article provides general information only and is not legal advice. For advice about your specific situation, contact a Virginia probate attorney or the local circuit court clerk. Detailed Answer — What to do in Virginia when a close relative cannot be located during probate If a person who […]
Read article →Virginia: Including Right-of-Survivorship Assets on an Estate Inventory
Detailed Answer Disclaimer: This is educational information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney. What "right of survivorship" means When property is owned with a right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety), ownership automatically […]
Read article →Virginia: How to Confirm a Bank Account Is Within the Small Estate Limit
Detailed Answer: How to confirm a bank account is within Virginia's small estate limit Short answer: find out the decedent's ownership status on the account (sole name vs. joint or with a payable-on-death (POD) beneficiary), collect bank statements or a bank-certified balance as of the date of death, add any other personal-property items that count […]
Read article →Virginia: How to Use a Small Estate Affidavit to Claim a Deceased Parent's Bank Account
Can I use a Virginia small estate affidavit to claim my deceased parents bank account? Short answer Yes—Virginia law provides a short procedure that can let a person collect certain small personal-property assets of a decedent without full probate. Whether you can use that procedure to get your fathers bank account depends on several facts: […]
Read article →Virginia — Do I Need to File a Federal Tax Return for an Estate if No Distributions Were Made?
Federal Estate Returns When the Estate Made No Distributions — What Virginia Executors Should Know This FAQ explains when a federal tax return is required for an estate if the estate made no distributions from accounts. It covers the federal income tax return for estates (Form 1041), the federal estate tax return (Form 706), and […]
Read article →How to Transfer Brokerage Assets into an Estate Checking Account — Virginia
Detailed Answer Under Virginia law, transferring assets from a brokerage account into an estate checking account usually requires that the estate representative (the personal representative) be authorized by the circuit court and provide the brokerage with proof of authority and a certified copy of the decedent's death certificate. The basic steps are: Determine how the […]
Read article →Selling a Co-Owned Property in Virginia to Pay Funeral and Property Taxes
Detailed answer: how to liquidate a co-owned Virginia property to cover funeral and property-tax costs Short answer: Start by confirming how the property is owned and whether it is part of the deceased owner’s probate estate. If all owners agree, you can sell the property privately and split proceeds after paying liens, taxes, and agreed […]
Read article →Virginia: How to Determine Where Sale Proceeds from a Deceased Parent’s House Will Go
Detailed Answer Short answer: Who gets the money from selling a deceased parent’s house in Virginia depends on how the property was titled, whether the estate is being probated, whether there are mortgages or liens, and whether a will or trust controls distribution. The personal representative (executor/administrator) normally must collect the sale proceeds, pay debts […]
Read article →Virginia: Can a Prenuptial Agreement Change a Life Estate or My Share of My Mother’s Estate?
Can a prenuptial agreement between my mother and her spouse affect a life estate or my share of her estate in Virginia? Short answer: Yes — a valid prenuptial agreement can change what a surviving spouse receives and therefore can affect how much remains for other heirs. Whether it affects a specific life estate or […]
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