James H. Wilson Jr.

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.

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

• Free Consultation
  Free initial half hour consultation.
• Credit Cards Accepted

Virginia

James H. Wilson, Jr., Attorney & Counsellor at Law

Current

University of Richmond School of Law

J.D

1984 - 1987

University of Virginia

B.A | Foreign Affairs

1980 - 1984

Virginia State Bar

Member

Current

Activities: Bankruptcy Law, Family Law and Trusts & Estates Sections

Henrico County Bar Association

Member

Current

Richmond Bar Association

Member

Current

Activities: Bankruptcy Law Section

Q. My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

May 26, 2023

A: When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all the existing mortgages, deeds of trust, judgment liens, and encumbrances. A mortgage company is required to deal with the heirs under the Garn-St. Germain Act, and the federal regulations enacted under its authority. Typically, the mortgage company wants to see proof of death of the mortgagor, and perhaps more to demonstrate ownership by the new owners. The heirs are entitled to make payments on the mortgage loan in order to keep the property for sale or retention. Most deeds of trust in Virginia provide for a right of reinstatement. This means that the owner or subsequent heirs can cure a default and acceleration of the maturity of the note by paying the past due payments, costs and fees to bring the loan current. Anyone facing foreclosure in Virginia should consult with an experienced Virginiad creditor-debtor lawyer.

Q. Can Unison determine the dollar amount for their end agreement when a property is sold?

May 23, 2023

A: A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing with financiing and appraisals. The parties have a choice to make the contract contingent upon financing or not, and contingent upon an appraisal equal to or greater than the sales price stated in the contract. Often, the purchase wants the contract to be contingent upon obtaining financing and contingent upon the property appraising for the sales price. The purchaser could waive any rights such as contingencies by entering into a signed written addedendum to the contract. With a waiver, the purchaser is obligated to purchase the property regardless of the availability of financing or the appraisal of the property. In such a case, the purchaser might be able to make up the difference or any deficiency by paying a greater amount of cash to the seller for the sale. If the purchase chooses not to waive the contingencies, then the seller or his or her agent must return the earnest money deposit to the purchaser; both parties and the agents sign a release, and the parties go their separate ways, relieved of their obligation to perform under the contract. Anyone interested in their contractual rights and obligations with respect to the sale of real property should consult with an experienced Virginia lawyer.

Q. In Virginia what happens when a person waives his rights to equitable distribution on a marital separation agreement?

May 10, 2023

A: Most well-drafted, comprehensive, Virginia separation agreements include a release of rights outside the agreement, and a waiver of equitable distribution rights. The idea is the comprehensive written separation agreement reflects the entire agreement between the parties as to the consequences of separation and divorce. This renders equitable distribution unnecessary because the parties have already agreed to the division of marital property and allocation of marital debt. The agreement typical supercedes any prior agreements between the spouses and becomes the final expression on their rights arising from the marriage. Anyone facing separation and divorce in Virginia should consult with an experienced Virginia divorce lawyer.

White v. Llewellyn

Supreme Court of Virginia