Virginia — Surplus Proceeds After an Intestate Death When Siblings Are Involved
Detailed Answer Short answer: In Virginia, any surplus money from a property sale becomes part of the decedent’s estate and is distributed to heirs according to Virginia’s intestacy rules. If the owner died without a will and siblings are the closest relatives, the siblings (or their children, if a sibling predeceased the decedent) will generally […]
Read article →Filing a Motion to Claim Surplus Proceeds After a Foreclosure in Virginia
How to claim surplus proceeds after a foreclosure in Virginia Disclaimer: This is educational information only and not legal advice. Consult a Virginia attorney or your circuit court clerk for advice about your specific situation. Detailed answer — steps to file a motion to determine your right to surplus funds If a lender foreclosed on […]
Read article →Virginia: Documenting a Repossessed Vehicle During Estate Administration
Practical guide for documenting a repossessed vehicle in a Virginia probate This FAQ-style guide explains what to collect, how to record a repossessed vehicle in the estate inventory, and how to protect the estate’s financial interests under Virginia law. This is educational information, not legal advice. Detailed Answer When you administer a decedent’s estate in […]
Read article →How to Claim Surplus Funds From a Tax Foreclosure Sale in Virginia
Detailed Answer Overview: When a locality in Virginia sells real property to collect unpaid real-estate taxes, the sale can sometimes generate money in excess of the tax, interest, penalties, and sale costs. That excess (commonly called “surplus funds” or “overage”) does not automatically go to the purchaser. Under Virginia practice, a former owner or another […]
Read article →Virginia: Transferring a Deceased Parent’s Car Title to the Surviving Spouse When the Original Title Is Missing
Detailed Answer Short answer: In Virginia you can usually transfer a deceased parent's vehicle to the surviving spouse either by using the existing title (if it names the surviving spouse as owner or joint owner), by applying for a duplicate title in the decedent's name and then transferring it, or — when the estate qualifies […]
Read article →How to Challenge or Dismiss a Petition for Possession and Control of Estate Property in Virginia
How to Challenge or Dismiss a Petition for Possession and Control of Estate Property in Virginia Disclaimer: This article is educational only and not legal advice. Consult a licensed Virginia attorney for guidance specific to your situation. Detailed answer — Overview and step‑by‑step approach This FAQ explains how an interested person in Virginia can challenge […]
Read article →How to contest an approved estate accounting in Virginia more than a year later
Can I contest an estate accounting in Virginia more than a year after the court approved it? Short answer: It is more difficult to challenge an approved estate accounting after a long delay, but it is sometimes possible. Virginia courts can reopen or set aside an allowance of accounts when there are equitable grounds—for example, […]
Read article →Challenging a Final Accounting in a Virginia Estate When You Received No Notice
Detailed Answer Short answer: Under Virginia law, if you are an interested person (an heir or beneficiary) and you did not get notice before a personal representative's final accounting was filed and approved, you can ask the circuit court that handled the estate to reopen or set aside the accounting, file exceptions (objections) to the […]
Read article →Virginia — Clearing Creditor Claims Before Selling a Parent’s Estate Home
How to clear creditor claims before selling an estate home in Virginia This guide explains the practical steps to resolve creditor claims so you can sell a parent’s home that is part of an estate under Virginia law. This is educational information only and not legal advice. Consult a licensed Virginia attorney for case-specific guidance. […]
Read article →Virginia: What Happens to Leftover Sale Proceeds When Someone Dies Intestate
Detailed Answer This answer explains what typically happens to leftover proceeds from the sale of a deceased person’s property when the person died without a valid will (intestate) under Virginia law. This is an educational overview, not legal advice. How sale proceeds fit into the estate When someone dies, anything they owned in their individual […]
Read article →