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. I have been terminated by Long & Foster and am the procuring cause for an upcoming commission they wont pay unless I

September 5, 2023

A: Licensed real estate salespersons are typically independent contractors who act as agents on behalf of a licensed real estate broker. A broker may be entitled to a commission when it is the procuring cause of a sale of real estate. Commissions from the sale of real estate are paid to licensed brokers. Real estate real estate salespersons have contracts with their broker specifying their right to receive money from the broker from a sale. This amount is typically calculated as a percentage of the commission from a sale that a real estate agent worked on, either by procuring the listing for the brokerage, or by getting purchaser to sign up with the brokerage as a buyer's agent. The contract between the broker and the salesperson governs the rights to compensation from the broker. Brokers and salespersons must be licensed in Virginia while performing their duties through settlement of the sale.

Terminated independent sales representatives may still be entitled to a commission under Virginia Code Section 59.1-457. Payment of sales commission.

"A. Every sales representative shall be paid the earned commission and all other compensation earned or payable in accordance with the terms of the contract.

B. When a contract between a principal and a sales representative is terminated, for any reason, except by mutual agreement, all earned commissions shall be paid within a period specified in the contract, but in no event shall such period exceed thirty days from the date of termination or, in the case of orders processed subsequent to termination, thirty days from shipment. Such commission and other compensation shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him through regular mail. If the commission is sent through regular mail, it is deemed to have been paid for purposes of this subsection on the date that it is postmarked." ... Read More

Q. Should I file an insurance claim, work with my neighbors or contact an attorney?

August 21, 2023

A: Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to sue, and will pursue the appropriate parties for recovery. The condominium's policy should cover damage to the common elements. I see no reason to involve yourself in the legalities of this matter, assuming you had insurance coverage. If not, you should immediately consult with a community associations real estate lawyer to pursue your remedies.

Q. I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

August 20, 2023

A: Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered under the condominium's insurance coverage, but your insurance should cover damage to your individual unit. I am puzzled why you are asking this question from Boston about a condominium unit in Virginia. I assume you have a tenant in the unit, who might not have kept you informed. It is almost never a good idea to delay reporting a claim.

White v. Llewellyn

Supreme Court of Virginia