Legal Question in Wills and Trusts in Virginia
Cy of will
First cousin recently deceased. Am not executor nor on speaking terms with him. Deceased has no wife or children and both parents deceased, too. Had given power of attny to friend to settle her father's estate (father, my uncle, last living parent died a year ago). Deceased signed will while hospitalized on morphine. Can validity of will be contested? What is time limitations for contesting? How do I obtain a copy of will?
1 Answer from Attorneys
Re: Cy of will
A Will can be contested, but there is usually a time limit of about 4 months from date of probate. I suggest calling the Surrogate in the County where the decedent resided when died. For a small fee you can get a copy of the Will sent to you. If the Will is determined to be invalid, the person is deemed to have died "intestate" (without a Will) and the estate will pass by statute, which follows a family-tree scheme (spouse and children, parents, then siblings, etc.). Be mindful that a Will contest can be time consuming and costly, and requires good proof of incapacity, so you probably will need medical records (hard to get and may require a Court Order). If the estate is large enough, it may be worthwhile, but you should have an attorney assist you.