Legal Question in Wills and Trusts in Virginia
Charitable donation in a Will
May the sole heir to an estate, who is an attorney & probably Executor of the estate, withhold funds legally from a charitable organization designated as a recipient in the Will? If not, what legal recourse does the charitable organization have? Must a Will be probated in the Commonwealth of Virginia?
1 Answer from Attorneys
Re: Charitable donation in a Will
The executor of the estate must marshall the assets in the estate, pay bills, and make distribution to beneficiaries. This can take time, so there is no absolute answer to your question. If the estate is solvent, the executor must pay the charitable bequest, but may wait a reasonable time to be sure the estate is solvent and other expenses and/or bequests are able to be met from the estate assets.
You also asked about probating the estate in Virginia, which suggests that this is a non-Virginia probate. There would be no Virginia probate required unless there were Virginia property involved, usually Virginia real estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
