Best Probate Lawyers in Newport News, VA

FAQs

• What is the non-emergency contact number for the local police station in Newport News, Virginia?

  The non-emergency phone number for the Newport News Police Department is (757) 247-2500.

• Where can I get a copy of police reports for incidents related to my case in Newport News, Virginia?

  To obtain a copy of a police report in Newport News, you have two options. You can either visit the Newport News Police Department at 9710 Jefferson Ave, Newport News, VA 23605, or you can request the document over the phone by dialing (757) 928-4100.

• What are the most common estate litigation issues in Newport News?

  Estate litigation in Newport News can encompass various matters, which may include:

  • Allegations of undue influence
  • Claims of fraud or coercion
  • Disputes regarding the mental capacity of the individual involved
  • Questions regarding the proper execution of a will or trust
  • Interpretation and construction issues pertaining to a will or trust
  • Oversight concerns regarding the administration of a trust by a trustee
  • Diligence inquiries regarding the administration of an estate by an executor or administrator
  • Whether a surviving spouse is receiving everything to which he or she is legally entitled, regardless of whether he or she is listed in an estate planning document or not.

• Is it mandatory for you to accept the role of personal representative in Newport News if you are nominated for the position?

  You have the freedom to choose whether to accept or reject the position of a personal representative in Newport News. Even if you initially agree to take on the responsibility, you have the option to resign at a later time. If you choose to step down before probate concludes, you may need to provide a financial report for your period of service. If you decline to serve (or accept and later resign), the court typically appoints an alternate individual named in the will.

• What are the consequences if a personal representative in Newport News neglects or fails to fulfill his or her obligations?

  A personal representative in Newport News who disregards his or her duties may be held personally liable for any losses suffered throughout the estate administration process. This liability may result from poor estate asset management, failure to collect unpaid debts and claims, excessive payments to claimants, illegal or poorly timed asset transactions, late tax filings, wrong property allocation to beneficiaries, and other similar actions. Consequently, the personal representative may be required to cover the resulting losses using his or her personal funds.

• In what situations is it possible to avoid probate in Newport News?

  Not all Newport News estates require probate. If an estate's assets are valued at $50,000 or less, probate is unnecessary, and simplified procedures are followed. Even for larger estates, certain assets can bypass probate, including joint tenancies with right of survivorship, beneficiary designations (e.g., life insurance policies and accounts), payable on death accounts (e.g., bank or brokerage accounts), and assets held in a living trust.

• What is the significance of having a will when you have minor children in Newport News?

  Having a will is crucial if you have minor children in Newport News, as it is the sole legally binding document that allows you to designate one or more guardians to care for your children in the event of your passing. Additionally, a will enables you to appoint one or more trustees to manage and utilize your finances for the benefit of your children.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.