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.
- University of Richmond School of Law
- J.D
- -
- University of Virginia
- B.A | Foreign Affairs
- -
- James H. Wilson, Jr., Attorney & Counsellor at Law
- Current
- 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
- Virginia
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Free Consultation
Free initial half hour consultation. - Credit Cards Accepted
- 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
- English: Spoken, Written
- Q. Can someone will property to another person when I was deed certain parts of the property 19 years ago?
- A: More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the county or city land records where the property is located.
Second, a will is deemed to speak as of the date of death of the testator. A will is revocable by the testator at anytime up to the time of death.
Third, ademption by extinction refers to a situation where property addressed in a will no longer exists at the time of death. Virginia has a nonademption statute, Section 64.2-415 that applies ... Read More
- Q. Can I get a divorce after a year of separation if we lived in the same house for the year of separation in Virginia?
- A: In the case of Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. The inquiry for a particular separation is fact specific. The concept of a separation under the same roof is not universally accepted throughout Virginia, and some judges are more skeptical of whether it has actually occurred continuously for the required period of separation. A separation under the same roof poses practical difficulties, and seems more likely to lead to greater stress, conflict, and possible cruelty or violence. Given that divorced spouses rarely live together after the divorce, it seems to simply forestall the inevitable, and ... Read More
- Q. If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?
- A: A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case in Virginia, either spouse can request spousal support, determinations of child custody, child visitation, and child support, equitable distribution, and an award of attorney's fees. If the spouses can resolve all these issues, then a signed, written separation agreement evidencing that settlement can be ratified and incorporated into the final order of divorce.
Anyone facing separation or ... Read More