Legal Question in Wills and Trusts in Virginia
executor
My friend died leaving a will. When he died the sherriff's department gave access to his home and cash money that they found on him to a family member. The day the will was read and I qualified as executor, his family removed his property from the estate. I have sent letters to every family member that I have been told removed property from the estate, to return what they have taken, removed or received with no response. If I go to the sheriff's department to report this theft and take out a warrant, do I need a lawyer when the case goes to court? I have talked to the commissioner of accounts and he said I would never get his personal belongings back and I could just get over it. I also had some of my personal belongings in his home and they stole them to. His family will not turn over any of his personal papers. I did have the title to his vehicles titled to me but after I had them titled to me someone else had one of them retitled. I have been told by the department of motor vehicles to report the vehicle stolen, but have not been successful in doing that. I have been told in order to close the estate I need to report that the vehicle was not part of the estate, but it was in the deceased name at his death.
1 Answer from Attorneys
Re: executor
The situation which you've described is complicated enough that it would be worth your while, I believe, to consult with an attorney
in your area who is knowledgeable with respect to probate as well as criminal law and who should be able to advise you as to an appropriate course of action.
To prepare for this consultation, I would prepare an inventory which should include (to the extent possible) a listing of each and every item which you believe is missing from the estate, its approximate fair market value and the name and current whereabouts of the miscreant relative who allegedly absconded with the item(s).
It also would be worth bearing in mind, I believe, that you should proceed very cautiously with respect to any kinds of referral for criminal prosecutions in this matter which could very well open you to some kind of civil liability.
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