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DIY Wills can backfire

  Why DIY Wills Can Backfire: A Real-Life Example Many people try to save money by drafting their own Wills or getting help from a family member. While it seems simple, these “do-it-yourself” Wills often create costly problems later. Here’s a real-world example that shows why hiring a lawyer is worth it. The Situation: Dad’s Will (drafted with help from his son) leaves his “half” of the marital home to his daughter. Mom’s Will (also DIY) leaves her “half” of the same home to the daughter. Dad dies first in December 2024. The family assumes mom and daughter now co-own the home. Mom dies in October 2025. The family wants to probate both Wills to confirm daughter’s ownership. The Catch:  Mom and dad owned the home as  tenants by the entireties , which means when dad died, his interest automatically passed to mom—not to the daughter. Dad had nothing to give away in his Will. By the time mom died, she owned the entire property, but ...
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A Life Estate situation

              A while ago I represented an individual who sold some real estate that he had gotten from his parents. Fifteen years earlier my client’s parents conveyed some property on Smith Mountain Lake to my client and his two brothers, however they retained a life estate. Two years later my client’s brothers released their remainder interest to my client, such that my client’s parents had a life estate with him being the remainder interest.             Virginia follows the common law. At common law a “life estate” allows the owner of the life estate exclusive use of the property while they are alive. Upon their death, obviously, the life estate ends. The person who gets the property after the life estate is said to have a “remainder interest”, which is what my client had. Life estates can be created a number of ways, commonly in deeds either from someone conveying p...
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New Blog . . . intro

June, 2023: I'm starting a new blog - my first one - Rossiferous - is more about antics and stories.  I hope this one will be more about what I've learned after involvement in the law for 50 plus years (I started law school at UVa in 1973).  There will be war stories - stuff that happened, much that 'can't be made up' Observations - specific to cases or areas of the law. Business of Law - what I hope will be valuable to attorneys striking out on their own, and include some 'how to' tips from filing systems to financial management (including trust accounts) and scheduling.  How did I choose the name?  Well, I'm olde (by many standards).  And I have been called a "Barrister" (or less polite words that sound similar . . . " .  Yeah, my warped humor will permeate this blog as well.  
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