Legal Question in Family Law in Virginia
My fathers death
My father lived in Princeton WV and he died July 9th 2008. I have this lady who's mother took care of my father threatening me over a vacuum cleaner and a set of end tables that he bought at a yard sale for $20. She says she is the executor of his will but is refusing to give me a copy of it and says that she has thirty days after his death to file it with the Courts. I don't have what she is looking for and I thought a will had to be filled before someone dies not after. Please help me.
1 Answer from Attorneys
Re: My fathers death
No, a will does not become effective until the maker of the will dies. Only then does it attain legal import or efficacy and may then be filed with the appropriate probate court in the jurisdiction where the testator (will maker) died.
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