Legal Question in Criminal Law in Virginia

Possible Blackmail

My sister, niece & I (all beneficiaries of my deceased mother's Will) are currently purusing a case regarding my son (also a beneficiary), who was not able to be the executor of my mother's will, although he was appointed as such. He claimed bankruptcy in 2004 and was asked by the judge in a recent hearing to step down. As of today, he refused to do so.

My son sent our attorney a letter filled with threats, chiefest of which is to take us to court endlessly to get his way, making accusations about myself and my niece and sister, which are not true, and has supposedly charged himself legal fees from our estate money (one bank account he was able to get into, we believe with a ''small estate affidavit,'' although he may have gotten into my mother's account another way. We believe my son, who my mother lived with him and his wife for the past two years before her death, that there was foul play regarding my mother's funds, as we think my mother had thousbands of ''missing'' dollars.

My question-- are his threats to rob us of our inheritance as well as to cause us to spend thousands of dollars in legal expenses considered blackmail? Thx.


Asked on 11/09/06, 7:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Possible Blackmail

Blackmail? No, I don't think so. (Afterall, what compromising or embarrassing information could this obviously disturbed young man reveal either about you, your sister or your niece in response to your collective refusals to meet his demands? Probably, none.)

Threats, yes, indeed, there appear to be a plenitude of those which should be more than enough for the probate court to enforce its order (assuming there is one)that your son be replaced as executor of your mother's estate and that a new executor be appointed.

So now I am compelled to ask: Why hasn't it happened? Perhaps, your attorney plans to file a motion to have the court's order enforced or request that a Show Cause Rule be issued to compel the executor to appear and explain to the judge why he should not be held in contempt for failing to comply with the court's order.

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Answered on 11/09/06, 7:46 pm


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