Author Archives: Lilly

Virginia

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    Part 1:

Link: https://en.wikipedia.org/wiki/Flag_and_seal_of_Virginia

Flag_of_Virginia.svg Lily

      Part 2:

Cited Resources:

Intestate Succession, Nolo.com, http://www.nolo.com/legal-encyclopedia/intestate-succession-virginia.html

Code of Virgini, Law.Justia.com, http://law.justia.com/codes/virginia/2006/toc6401000/64.1-49.html

Code of Virginia, Law.Justia.com, http://law.justia.com/codes/virginia/2011/title64-1/chapter3/64-1-47

Virginia’s Requirement for a Will, Living Trust Network.com, http://livingtrustnetwork.com/estate-planning-center/last-will-and-testament/requirements-for-a-will/virginia.html

Questions:

  1. (A) In Virginia, there are two different outcomes when a decedent is survived by a spouse and issue, it depends on the circumstance in order to determine who gets exactly what in the intestate property. 1, If the decedent is survived by a surviving spouse and his/her issue is in common with the surviving spouse, the spouse gets everything. Or 2, if the issue is not in common with the decedent and the surviving spouse, then the spouse only gets 1/3 of the intestate property leaving the issue with the remaining 2/3. This is different compared to New York law, in New York if a decedent is survived by a spouse and issue, the spouse will receive $50,000 along with ½ of the remaining and the other half left to the issue, regardless if the child is in common with the surviving spouse or not according to the laws of intestacy.

(B) If a decedent is survived by a spouse and no issue, again, the spouse will receive everything according to Virginia’s law. In New York, the surviving spouse will also receive all of the decedent’s estates under the laws of intestacy.

(C) If a decedent is survived by no spouse or no issue, then the next distributee will be the decedent’s parents to inherit the property. This situation is ruled the same way in New York law, the parents will inherit the decedent’s estate if there is no spouse or issue under the laws of intestacy.

  1. In the state of Virginia, the law states that the age of testamentary capacity is (18) eighteen years or older may be qualified to create a will according to the code of Virginia VA. STAT. ANN. § 64.1-47 (West 2011). This is the same as New York, you would have to be age (18) eighteen or older in order to execute a valid will under New York EPTL § 3-1.1.
  2. In the state of Virginia, the testator has to be in the presence of at least (2) two witnesses at the same time in order for the will to be duly executed according to the code of Virginia VA. STAT. ANN. § 64.1-49 (West 2011). Compared to New York law, there also must be a minimum of two witnesses according to the EPTL, §. 3-2.1. However some attorneys may use a third witness in good practice during the signing of a will. Also, in New York the witnesses may sign the will within 30 days of each other, unlike Virginia, the witnesses have to be present at the same time along with the Testator in order to execute a valid will.

        Part 3:

  1. The city with the biggest population in Virginia is Virginia beach with a    population of 437,994. http://www.alperinlaw.com is the law firm I chose that specializes in probate, estate planning and more. I chose this website because it felt very welcoming when I instantly clicked on it, it clearly explained everything the firm specialized in, the layout and images they provided on the website seemed very appropriate for this area of law and researching the team and the leading attorney showed many good reviews about them .
  1. The website I chose for a real estate appraiser for Virginia Beach was http://www.beach-appraisal.com/content.aspx?IntroPlayed=1 . I chose this website because it had a very relaxing vibe but also still very professional. When you enter the website, they provide a brief slideshow of what their website is about which I really enjoyed and on the actually site they clearly indicate all their specialties of their services.

6.  Here is a picture of Virginia Beach Circuit Court Clerk’s Office that handles the probate in this city.  The address is located at 2425 Nimmo Pkway, Virginia Beach, VA 23452.

7. If a student is interested in getting an Associate degree in Paralegal Studies at Virginia Beach, they can consider looking to the Bryan and Stratton College, however this college does not offer the Baccalaureate in Legal Studies.  The college website link is down below, the site does not disclose the different courses available in the Paralegal Studies Program or the tuition amount without signing up to the school’s site.

http://www.bryantstratton.edu/degrees/associate-degrees/aas-paralegal-studies