Legal Question in Civil Litigation in Virginia

Re: sister won't divide belongings

What you describe is STEALING. It is a crime. Only the executor of the decedent's estate has authority to remove items from the house. So it is a crime for anyone to remove those items without the authority of being the executor or acting under the executor's directions.

The executor should demand the items back. This can be done by filing a Warrant in Detinue (which is a form you can get from the clerk of the court).

If the probate is still open in the circuit court you could file a motion in the circuit court for an injunction or order to have the items returned.

At a minimum, there value should be deducted from any other value she might receive.

Re: sister won't divide belongings

If the probate of the will has already closed, then you may need to contact the former executor

of the will to see what he or she may be willing to do to remedy this situation.

However, if the executor of your mother's will is in fact the sister who has looted the house, you will likely then need to file what's called a warrant in detinue in the general district court for the return of the property which is rightfully yours or in the alternative a request for a judgment against the looter in an amount roughly equal to the fair market value of these goods.