Legal Question in Wills and Trusts in Virginia
I probably have way too many questions due to a lawyer that can't seem to give me a clear answer on many of my questions. I need to find someone else who can represent us with knowledge and willing to go outside of the box.. The details of this case are unique, as you will see below.
My father died Intestate in VA during a bitter divorce of a heart attack. The divorce was not finalized so technically she was still considered his spouse.
I am one of 5 children from a previous marriage....and as I understand VA law we will be entitled to 70%, of assets owned in his name. The law on that is still a little sketchy to me.
The questions I have are the following:
1) My sister was named as the Administrator but she is under the assumption that we have to pay off the balance of the mortgage of his home with the assets of the estate. Through my research my understanding is that we might be required to pay half the mortgage payments until it is transferred into her name. Can you clarify this?
2) He owns a cabin in Minnesota (only in his name) , but it is actually not �real estate� and is technically on "federally leased property" ....So I don't think it is distributed under Minnesota Law, but falls into the estate some other way? How is it divided?
3) He just purchased a new boat in IL, but it was not yet registered anywhere, how is that boat divided under VA law?
4) His soon to be Ex-wife ran a company selling crafts, during the divorce proceedings before a settlement was reached she removed approximately 20K worth of assets. This was about to be inventoried, but never was. I need to know how that would be distributed under VA law.
5) My father also had �offshore accounts� in both Hong Kong and Singapore. His ex wife was aware of them, but will not release the details of them to the Administrator.
6) He transferred significant assets to China (His wife was Chinese)�which were then placed in his wife�s name because US citizens were not allowed to own property in China. They have become worth a significant amount of money�but since then she has transferred the properties into other family members names�..is there any recourse on that?
These are the most significant questions I have��.I am interested to hear any responses from knowledgeable attorney�s on any recourse or direction I should take at this point and would be interested to share more details of the probate.
1 Answer from Attorneys
Yes, way too many (as well as involved) questions for a free answer.
Try submitting a paid question, and, perhaps, someone will offer a response.