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.

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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. For divorce case in Virginia, how to split the individual 401k of spouse?

January 14, 2025

A: Retirement plans governed by ERISA, the Employee Retirement Income Security Act of 1974, are divided by a special court order known as a QDRO, or Qualified Domestic Relations Order. The specific division itself should appear in a separation agreement and/or final decree of divorce. Typically, one of the parties' attorneys prepares the QDRO to be entered by the court, with reference to the guidelines or model order published or provided by the plan administrator of the retirement plan. There are different QDROs depending on whether the plan is a defined contribution plan, such as a 401K plan, or a defined benefit plan, such as a pension. After the judge signs the QDRO, it is submitted to the plan administrator for approval or qualification. If approved, the plan administrator then segregates a portion of the plan participant's interest into the alternate payee/former spouse's assigned benefit account. QDROs are rather technical and are usually prepared by an attorney licensed in the jurisdiction. ... Read More

Q. Would an unfinished software app need to be disclosed in a Chapter 7 Bankruptcy?

December 12, 2024

A: The tradeoff in bankruptcy is full disclosure in return for a discharge of debts. The debtor benefits from full disclosure, and avoids the possibility of a denial or revocation of discharge. All the schedules and statements in bankruptcy are signed by the debtor under penalty of perjury. If a debtor lists a property interest, the property is deemed to be abandoned and returns to the debtor upon case closure. The bankruptcy schedules require that the debtor disclose intellectual property and general intangibles. Intellectual property is property created by one's intellect or creativity, whether a copyright or patent has been issued. General intangibles are property interests without a physical existence. Intellectual works in progress often have only nominal value, because they require significant additional service that is unique to the creator. There is often not much fair-market value for an idea alone. ... Read More

Q. My mother passed away in Virginia and have been told there was a will.

September 27, 2024

A: One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make a copy of the original and give the original to the testator for safekeeping or future revocation. It is often advisable for any testator to provide his or her heirs or beneficiaries with a copy of the will, so they will know that one was made. There is a presumption in Virginia that a lost will has been revoked by the testator. It is a crime in Virginia for someone in possession of a will, other than a testator, to refuse to disclose its existence, or to destroy it.

Anyone with an interest in an estate in Virginia should consult with an experienced Virginia probate lawyer. ... Read More

White v. Llewellyn

Supreme Court of Virginia