Legal Question in Wills and Trusts in Virginia

My husband died late last month in Fairfax Virginia. He had dual british/american nationality. He died intestate and we just don't know what to do next. We were over in Virginia last week, for the cremation. I am a british citizen and live in england. Please help

Asked on 11/12/13, 8:57 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I would recommend that you contact Virginia attorney Paul Ward whose contact

information can be found on this website and who handles Virginia probate

matters and who therefore should be able to offer you valuable advice as

to how you should best proceed in the situation described.

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Answered on 11/12/13, 9:18 am

Lisa McDevitt McDevitt Law Office

I'm so sorry for your loss.

You need a court order appointing an executor. It's a simple process but it should be someone in Virginia because it is much easier to administer the estate while here in VA. Also the executor needs to appear in person in the probate office. The executor will manage the estate, file the taxes and look for beneficiaries.

It may be, however, that you don't even need to probate anything. Many accounts are Payable on Death such as bank accounts etc. will go to whomever he designated when he opened the account (or later changed). Life insurance proceeds don'.t need to go through probate. Any property he held jointly with you (or anyone else) will (with very few exceptions) go directly to you.

Feel free to give me a call for a free consult.

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Answered on 11/12/13, 3:20 pm
Robert Beatson, II Law Offices of Robert Beatson, II

I am sorry for your loss. An estate will need to be opened in VA. A Federal Estate tax return may need to be prepared and filed, depending on the level of assets on date of death. 2013 Federal/VA Individual income tax returns may also need to be prepared and filed for the decedent. Federal/VA Estate income tax returns may also need to be prepared and filled. The facts will need to be carefully developed and analyzed. An experienced trusts/estates attorney and tax attorney should be able to handle this matter. 30+ years of experience and further information about my tax/law practice is at

Please call or e-mail me if I can help you. Thank you.


Bob Beatson, 11-13-2013, 2:20 p.m. EST


Law Offices of Robert Beatson II

9818 Glynshire Way

Potomac, MD 20854

Tel/Fax 301-340-2951

email: [email protected]


Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, civil litigation, mediation.

Licensed to practice law in: DC, MD, VA, and NY

ABA Member since 1980

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Answered on 11/13/13, 11:25 am

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