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The probate process is typically very complex. If you are a personal representative for a deceased individual, or the beneficiary of an estate, it’s important that you enlist the help of an experienced probate attorney. An attorney from our probate firm in Fairfax County or Richmond can assist you in every step of the process, offering sound advice and legal assistance. At Hazelwood Law, PLLC we have extensive experience in this area of law. We can help you navigate the probate process from start to finish, no matter how complicated your situation may be. With more than 50 years of combined experience, our firm is ready to assist you.
Call us at (703) 455-5160 or (804) 601-8259 for an initial consultation.
Various factors can make the probate process more complex, including whether or not the deceased individual carried out any sort of estate planning, including drafting a will or trust. At Hazelwood Law, PLLC we look at every unique detail of your situation in order to better advise you on how to proceed.
When you need a probate lawyer anywhere in Northern or Central Virginia, you can rely on our firm’s vast experience. We understand how the process works and can offer you the sound advice you need to move forward. Because probate is such a technically complex process, it’s important that you obtain the assistance of an experienced attorney in our Burke or Henrico office who can advise and assist you every step of the way.
It seems to be quite common for our clients to be confused as to precisely what probate is and why it is important. In short, probate refers to the process through which the assets of an individual that has passed away are transferred to others. It requires the court to review and approve these transfers. Let’s explain this further:
No. You must be 18 years of age or older to have a will. An exception to this would be a minor who is married or a minor who serves in the military.
If the new will makes reference to the old one, saying that this one has been created in order to void the previous one, the newer one will prevail. Otherwise, the court’s interest is to fulfill the wishes of the person signing the will and the court will likely decide to just follow the newer will.
To be valid, it must have three explicit points: who is the person who created the will, what property will be left to whom (even if it is just one asset left to one person) and a person must be appointed to be responsible for invoking the terms when the time comes. It’s always a good idea for the executor to work with a probate lawyer in Richmond VA to make sure no mistakes are made.
It is not. In general, it is used to transfer assets that were in the name of whoever died, and only after they have died. As an example, a joint bank account held in the name of a father and a son, would not require probate if the son was an adult.
Once again, it’s not that easy. Even if you have taken the time to carefully spell out your wishes in your will, it still has to go through probate before assets can be transferred.
There are, and it’s well worth your time to work with our probate attorneys to establish a strategy to minimize the costs and consequences of probate. Your attorney will also help ensure that the probate process happens as smoothly as possible.
They typically do not. Some 99 percent of wills are able to go through probate not finding any issues. The court generally accepts that the will is the reflection of the wishes of the person that died.
They can. This generally happens when there is someone who thinks they may have something to gain from challenging the will. Those who have the greatest successes challenging the will are, in the majority of cases, spouses. On what grounds do they challenge the will? They may claim that their spouses did not have the necessary testamentary capacity or that they were unduly influenced or convinced to write the will in a particular way.
If you are successful, you may get it completely voided or just a part of it. You may also be successful in reinstating a provision that had previously been taken out. Be aware that if you are able to void the whole will, it would mean that the person died without a will and therefore the assets would be distributed under the consideration that no will had ever existed. The laws this distribution would follow would be what is known as intestacy laws which are guided by family relationships. Before challenging a will, you should talk to a probate lawyer in Richmond, VA.
Should you have any further questions regarding a will or probate, reach out to our team of probate lawyers in Burke and Richmond, VA at Hazelwood Law, PLLC and get the legal help you need.
9245 Old Keene Mill Rd #200
Burke, Va 22015
3781 Westerre Pkwy, Suite F, #102
Richmond, Va 23233
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
HAZELWOOD LAW, PLLC