Legal Question in Wills and Trusts in Virginia

Re: Administrator self dealing?

Checks should have your endorsement with the following notation: "With reservation of rights

or all rights reserved".

Re: Administrator self dealing?

I agree with the other responders, but call your attention to the fact that you might never get a full and complete accounting. Intestacy (dying without a Will) only requires that that the administrator report who is part of the probate estate, which can differ from a potentially larger taxable estate. Probate estates only cover assets in the individual's name alone, and which do not have a specific beneficiary designation involved. Thus, jointly owned assets, assets that may have a survivor designation (like POD accounts) or assets with a specific beneficiary designation (like life insurance or retirement plans) are not part of a probate estate. A married person may have many types of assets that have joint registrations (homes, bank accounts, brokerage accounts) or assets with beneficiary designations (like life insurance, retirement plans, annuities). Probate assets usually are a small portion of one's total "estate". You are entitled only to an accounting of the probate estate, unless the estate is subject to federal estate or inheritance taxes and those taxes are payable, in whole or in part, out of the probate assets. Then, to see you are properly charged for your share of the taxes, a full and complete accounting of all assets should be made.

Re: Administrator self dealing?

I am not aware of any reason that the heirs could

not cash those checks, as long as the checks

are not marked as "payment in full" or anything

like that.

The executor is required to file an inventory

of everything that the decedent owned at the

time of death, and then to pay off all debts.

There must be exact records of where all the

money went.

Therefore, sooner or later, the executor

(administrator) must show exactly where all the

money went. If the executor took 1/3 twice,

this should become obvious and the other heirs

should get a supplemental payment of the

mistaken difference.

Remember that the Commissioner is NOT ultimately

responsible for makings ure everything is done

right. The Commissioner's job is to require

that the inventories are filed and that there

is sufficient documentation to show what

happened to all the money. The Commissioner of

Accounts can hold the executor (administrator)

in contempt of court for not doing so.

However, once the information is filed, it is

not up to the Commissioner to make the executor

do the right thing. If you can see what

happened in the records, the Commissioner's

job is done. You would then need to file a

lawsuit for an accounting or a "surcharge" on

the executor to repay any amount wrongly

misdirected.