Legal Question in Wills and Trusts in Virginia

Dad remarried past away

My father resently died not leaving a will with me or my brother . My stepmother will not return any of our call. There are significant assests both in his name and in hers. Are we intitled to any of the assets ? We do not know who his attorney or what his total assests are. How do we procced to find out whether we are entiltled to part of his estate.


Asked on 9/01/08, 9:35 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dad remarried past away

If there are "significant assets", chances are at least some of them will be subject to probate and

an estate will need to be opened with the local probate court. The court file on the matter is a public record and can be inspected by anyone who asks. At some point, this record should reflect an inventory of estate assets as well as beneficiaries

of the decedent.

If your stepmother has not applied to be appointed administrator of your father's estate, then either you or your brother could apply to the court to be appointed to carry out the probate of the estate.

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Answered on 9/01/08, 9:56 am


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