Legal Question in Wills and Trusts in Virginia

Can an executor assign their position or can it transfer on their death?

My question is two-fold. My grandmother died 30 years ago and my mother is the executrix of her will. It has never been carried out because my mother's brother took possession of the house & all of her belongings. An argument ensued and resulted in my mother being afraid for her life if she persued the terms of the will.

If my uncle dies first, then my mother will go according to the terms of the will. But if my mother dies first, what happens then? Does that position transfer? Can it be transferred now as a precaution?

Second question, is there a possibility that the estate is ''lost'' because my mother ''slept on her rights''?


Asked on 12/02/02, 5:43 pm

1 Answer from Attorneys
Edward Gonzalez Edward Gonzalez, PC

Re: Can an executor assign their position or can it transfer on their death?

Your question is not completely clear. But from what I can make out, and the limited facts you give me, your mother could still proceed to probate the house and get legal title to it. At that time, she could move to evict your uncle, or maybe let him stay in the house, but document her not "sleeping on her right" by sending him a letter telling him to leave. Transfers beyond her would depend on whether or not she has a will, etc. This is not legal advice. Substantive advice would require a consultation. If in the area, call my office, 703/883-0016.

Read more
Answered on 12/04/02, 11:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia