Legal Question in Wills and Trusts in New York

My half sister stole dad deed to property in virgina, however the deed was in dad and mom name

only, noone knows about dad last will and testimony...can half sister sell dad property..and dad

last will adnd testimony name one of his sibbling to inherit that property ? Even tho she stole

the deed from her stepfdather, she is not even mention in dad will. I'm the executor of the will, and still waiting for testimentary papers to handle dad business.

Concern

Thank You


Asked on 9/27/10, 7:38 pm

3 Answers from Attorneys
Paula McGill Attorney at Law

I assume your father resided and died in Virginia. As a result, you need the advice of someone who is actually licensed in Virginia and has experience in probate matters in that state. As a result, you should repost this question as if you lived in Virginia.

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Answered on 10/02/10, 9:25 pm
David Slater David P. Slater, Esq.

No, and you can obtain a copy of the deed from the Virginia County Clerk.

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Answered on 10/03/10, 5:22 am
Walter LeVine Walter D. LeVine, Esq.

It is possible, if she fraudulently prepares a new Deed and uses it to sell the property, or just fraudulently prepares a new Deed first transferring the property to her. She would have to forge Dad's name to a Deed to her, or lie that she is the sale heir of his estate. I suggest contacting the recording office in VA where the property is located and alerting them of what might happen. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/07/10, 7:40 pm


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