Legal Question in Wills and Trusts in Virginia

I am the Administrator of the Estate of a Conservator. The person who he was conservator for died several months after the conservator died. There was no other conservator appointed. The Commissioner of Accounts wants a final Conservator report and he is requiring that I need to go to court to be appointed Conservator to do this. To me this is crazy to appoint a conservator to a dead person. I reviewed Virginia law and found the following statue, Virginia Code � 26-17.10 where part B of this statue states
"B. If a personal representative of a decedent's estate, a testamentary trustee, a guardian, conservator or a committee dies prior to the filing and settlement of such fiduciary's account, the personal representative of the fiduciary's estate shall have the obligation to make the requisite filing and settlement through the date of death unless any successor fiduciary makes the requisite filing. "
To me this statue indicates that the Administrator of the Conservator's Estate has the legal obligation/authority to prepare and file the Conservator's report without having to go thru the legal process to be appointed Conservator.
Am I right or wrong on this?

Asked on 9/14/09, 8:57 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, I concur in your interpretation of the statute and consequent assessment of the matter.

Answered on 9/20/09, 12:23 am

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