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Biography

I assist clients with legal problems in the areas of bankruptcy, divorce, wills and trusts, and probate or estate administration. I am an experienced trial lawyer and have been a member of the Virginia State Bar since 1987. While I am glad to help clients settle their legal matters expeditiously and at the lowest costs to their satisfaction, I welcome the opportunity to litigate contested matters when settlement is not an acceptable option. I particularly enjoy the interplay between different practice areas, and have helped clients with both marital or divorce problems and financial problems such as bankruptcy, or family problems and probate or estate administration needs. I was graduated from the University of Virginia in 1984 with a B.A., and from the University of Richmond School of Law in 1987 with a J.D.

I am happily married with two sons at home. In my spare time, I enjoy spending time with my family, hiking, reading, chess, and sailing.

Practice Areas
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
    Elder Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Fees
  • Free Consultation
    Free initial half hour consultation.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Virginia
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Languages
  • English: Spoken, Written
Professional Experience
James H. Wilson, Jr., Attorney & Counsellor at Law
Current
Education
University of Richmond School of Law
J.D
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University of Virginia
B.A | Foreign Affairs
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Professional Associations
Virginia State Bar
Member
Current
Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections
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Henrico County Bar Association
Member
Current
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Richmond Bar Association
Member
Current
Activities: Bankruptcy Law Section
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Videos
How Is Child Custody Decided In Virginia? How Is Child Custody Decided In Virginia?

How Is Child Custody Decided In Virginia?

How Is Property Divided In a Virginia Divorce? How Is Property Divided In a Virginia Divorce?

How Is Property Divided In a Virginia Divorce?

How is spousal support calculated in Virginia? How Is Spousal Support Calculated in Virginia?

How is spousal support calculated in Virginia?

How is child support calculated in Virginia? How Is Child Support Calculated in Virginia?

How is child support calculated in Virginia?

Which divorce debts may be discharged in bankruptcy? Which Divorce Debts May Be Discharged In Bankruptcy?

Which divorce debts may be discharged in bankruptcy?

How are temporary spousal support and child support calculated in Virginia? How Are Temporary Spousal Support and Child Support Calculated in Virginia?

How are temporary spousal support and child support calculated in Virginia?

Is a separation agreement necessary for a no fault divorce in Virginia? Is a Separation Agreement Necessary for a No Fault Divorce in Virginia?

Is a separation agreement necessary for a no fault divorce in Virginia?

Is a husband or wife responsible for his or her spouse's debts in Virginia? Is a Husband or Wife Responsible for His or Her Spouse's Debts in Virginia?

Is a husband or wife responsible for his or her spouse's debts in Virginia?

Does legal title determine interests in marital property in Virginia? Does Legal Title Determine Interests in Marital Property in a Virginia Divorce?

Does legal title determine interests in marital property in Virginia?

Must a husband and wife file bankruptcy together in Virginia? Must a Husband and Wife File Bankruptcy Together in Virginia?

Must a husband and wife file bankruptcy together in Virginia?

Is there a legal separation in Virginia? Is There a Legal Separation in Virginia?

Is there a legal separation in Virginia?

What are the grounds for annulment in Virginia? What Are the Grounds For Annulment in Virginia?

What are the grounds for annulment in Virginia?

Can an individual with high income obtain bankruptcy relief in Virginia? Can an Individual with High Income Obtain Bankruptcy Relief in Virginia?

Can an individual with high income obtain bankruptcy relief in Virginia?

How may a separated spouse obtain support in Virginia? How May a Separated Spouse Obtain Support in Virginia?

How may a separated spouse obtain support in Virginia?

What are the grounds for divorce in Virginia? What are the grounds for divorce in Virginia?

What are the grounds for divorce in Virginia?

Will I lose my home in a Virginia bankruptcy? Will I Lose My Home in a Virginia Bankruptcy?

Will I lose my home in a Virginia bankruptcy?

What are the different types of consumer bankruptcies in Virginia? What are the different types of consumer bankruptcies in Virginia?

What are the different types of consumer bankruptcies in Virginia?

The Benefits of Filing Bankruptcy in Virginia. The Benefits of Filing Bankruptcy in Virginia

The Benefits of Filing Bankruptcy in Virginia.

Legal Answers
72 Questions Answered
Q. My wife wants to separate an take the kids 1100 miles away for a month and keeps demanding I agree to what she wants
A: Unless there is a court order in place addressing custody, visitation and support, both parents have equal rights to, and responsibilities for, their minor children. After the parties have separated, a parent may file petitions for the determinations of child custody, visitation and child support in the Juvenile and Domestic Relations District Court, or incidental to a divorce filed in the Circuit Court. Child custody interstate jurisdictional disputes are resolved in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The Act favors existing court orders and/or the home state of the child, which is the place the child has resided for the prior 6 months, or the greater portion thereof. In Virginia, a parent or other interested party must file a UCCJEA Affidavit with a request for custody or visitation. Any parent facing a separation or an interstate custody dispute should consult with an experienced Virginia divorce or family law lawyer to discuss his or her options and the best course of action.
Q. I have a revocable trust naming my daughter as successor trustee. She is sole beneficiary. I recently discovered that
A: This is question requires a complex answer that should be discussed thoroughly with an experienced Virginia estate planning attorney, with particular reference to Virginia Code Section 64.2-776, part of the Uniform Trust Code, dealing with the discretionary powers of a trustee. The short answer is a successor trustee can be a sole beneficiary of the trust, but it may have significant practical consequences and tax consequences, including its effect on a credit shelter trust. In some cases, the trustee-beneficiary may be considered to have a general power of appointment over the assets of the trust, unless distributions to the beneficiary are limited by an ascertainable standard. While one person can be trustee and beneficiary, one person cannot be the only three parties to a trust, the settlor, the sole trustee and sole beneficiary. In the latter case, the trust dissolves by merger.
Q. In Virginia, are sons of deceased sister valid heirs to her brother's estate-no will, no kids, no parents, and unmarried
A: The course of descents in Virginia is set forth in Virginia Code Section 64.2-200 as follows: "1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse. 2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent. 4. If there is none of the foregoing, then to the decedent's siblings, and their descendants.5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course: a. To the decedent's grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent's great-grandparents. d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate. C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1." In analyzing inheritance rights in the absence of a will, a person should go through each step to determine if there are heirs at that level. If so, they inherit and the analysis stops. Sometimes, it is necessary to create a family tree. There are certain special statutes dealing with particular situations in probate and nonprobate transfers. One is the Uniform Simultaneous Death Act appearing in Chapter 12 of Title 64.2 of the Code of Virginia. It is designed to apply to a situation such as a car accident or plane wreck where two related people die or are killed at about the same time. If it is not clear that one survived the other by at least 120 hours, then the person is treated as if he or she predeceased the other. Any person trying to determine inheritance rights in Virginia should consult with an experienced Virginia probate and estate administration lawyer.
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Annotations
White v. Llewellyn
Supreme Court of Virginia
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Contact & Map
By appt. only
4860 Cox Rd
#200
Glen Allen, VA 23060
Telephone: (804) 740-6464