Legal Question in Wills and Trusts in Virginia

Re: estate settlement

The "executor" (called a representative in

Virginia) is obligated to file an inventory

with the Court of all property owned by the

decedent.

To fail to file this inventory is a crime and

the Commissioner of Accounts can punish the

executor with contempt of court for failing to

file this inventory.

You should be able to see this inventory in the

court's file.

Similarly, the executor must also file reports

showing where every dime went and where every

piece of property was distributed.

People do not understand that it is a CRIME of

STEALING to take property from a decedent's

estate without the authorization of the executor

according to the will. It is stealing no less

than knocking over a liquor store, and a person

can be arrested, convicted, and jailed for theft

for stealing from an estate.

First, go and check the court's file. Next,

talk to the Commissoner of Accounts about this

problem. If this does not help, then you should

file a lawsuit to enforce your rights.

Of course, you are assuming that if there were

four children that all of them are heirs. We

do not know that for sure.

Also, if the decedent's affairs were in a trust,

they might not be filed in the court's file. But

you would still have legal rights to enforce

the trust's terms.

Re: estate settlement

The time to probate an estate in Virginia is 14 months. You should go to the probate clerk's office and ask to see the case file.

There should be a final report in the file to the commissioner of accounts detailing the distribution of the estate assets. If there is not, you could then ask the commissioner of accounts to look into the matter and find out why

matters have not been finalized.

If that request produces no results, it's probably time for you to see a lawyer who is knowledgeable regarding the Virginia probate process. You may be faced with the prospect

of bringing a lawsuit against the executor and possibly others who may have some responsibility

for this situation.