Legal Question in Wills and Trusts in Virginia

Re: Death of mother

I am sorry to hear of all this.

Unfortunately, things like this happen more often than one would think.

First, if the insurance policies are not written payable to him, he cannot cash the checks, because they would be written to someone other than him. The insurance policies will not be payable to your mother, but to the named beneficiaries. If you know who the ins. companies are, you might warn them. If you know where your mother banked, you should present them with her death certificate placing them on notice to not allow anyone to use her account, other than the executor.

Second, the man does not have authority to do any of this, obviously. Technically, it is a form of theft. It is complicated because I gather he lives there so saying that he cannot make use of the house where he lives makes it difficult. But technically it is theft. If you are concerned enough you could even go to the Sheriff and/or find the magistrate (under the Sheriff) and swear out a complaint.

Third, this is complicated by the fact that the executor is not doing anything (yet). The authority to cure these issues is primarily held by the executor.

Since no one has yet produced the will, an aggressive strategy might be for you to go to the Clerk of the Court, probate division, and qualify as the administrator of her estate. Under the will, it should be the mother's sister. But no one has found the will yet. So in the absence of the will, WHICH MAY NEVER BE FOUND, it is reasonable for you as close family to act as Administrator (executor).

If the will then turns up, you would have to transfer the position to the person named in the will.

But right now assets are being lost and rights lost because no one is acting as executor, and no one has the will.

As executor, one can not only have the authority to demand all of these items but also to sue in the name of your mother, and to demand information from banks, stock brokers, insurance companies, etc.

Even if he has taken shares of stock out of the vault, the exeuctor has authority to find out what your mother owned at her death and sue him to return it. Same with the car.

Finally, if you have access to your mother's belongings but cannot remove themm, you should take a camera or videocamera or at least take witnesses and take notes, and begin an inventory of everything that your mother owned to preserve it.