Legal Question in Wills and Trusts in Virginia

beneficiary

I am the beneficiary of a will. The executor of the estate claims that most of the inventory that was listed has been stolen by various other family members. The executor tells me that she is going to close the estate. Is there anyway I can find out what happened to the property? There is money, automobiles, and personal property involved. I have talked to the department of motor vehicles and found out that the original title to the automobile was transferred to a family member after his death, but I was told that I can not get a copy of the orginal title. Who can get a copy of the orginal copy? I think the orginal title was forged. The brother told me that the deceased left an open title to the automobile. What is an open title? The deceased also had cash money that was given to another brother. Can I take these people to court to get the property, and will I need an attorney?


Asked on 5/18/05, 11:19 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: beneficiary

Your question raises a number of fairly serious and important questions which require some careful attention, and probably deserve the help of an attorney.

First, you ask how you can find out what happened. That assumes that someone knows who can tell you. If the executor knows, then of course you cna find out. You may be able to take depositions of the other family members.

If the exeuctor (administrator) knows that property existed and it is now gone, this is theft. The executor should advise the family members to return the property, or else to go to the local magistrate (in the SHeriff's office) and swear out a warrant for their arrest for theft.

The executor cannot close out the estate with this problem. The administrator must file a complete inventory for the property, and then provide documentation of how it was distributed. I doubt that the thieves who took the property are going to provide a receipt to documetn that they took the property.

Some Commissioner of the Accounts are very assertive in this and helpful. Some are passive. But you should go to that office and seek their help.

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Answered on 5/20/05, 7:19 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: beneficiary

You should write a letter to the commissioner of accounts for the court which has jurisdiction over this probate matter detailing your various concerns with a request that the estate not be closed until your concerns have been properly addressed.

An open title to a vehicle is one which can be assigned to any one by a person with proper authority to do so.

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Answered on 5/19/05, 5:50 am


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