Legal Question in Wills and Trusts in Virginia
I'm the excuter of an estate.There is one family memeber.The will says give so much to two charities.Nothing was said to be left to family member.What am I allowed to do with any money over the charities?Also I understand that I can charge the estate 6% for my services,is that on the sum before the money is given out
1 Answer from Attorneys
It is surprising to hear that the will does not speak to what happens to the estate after payment of two charitable bequests. There should be a provision as to what happens to the "rest and residue of my estate". If indeed the will is silent, the state would go to the heirs of the deceased in accordance with the order of succession in the Virginia statute; to children and their "issue" (grandchildren, etc.), and if none, to parents and their issue, and so on.