Legal Question in Wills and Trusts in Virginia
Executor Problems
My brother is the executor to our Mother's estate. She had a condo in which we (4 siblings) share equally. It is a rental property. It appears he has taken his ''share'' of the condo out of the estate and says the condo is now the 3 of ours. Can he do this and how can we find out exactly what he has been doing with the rest of the estate? Mom died in Va (2 1/2 yrs ago), the condo is in Va, he resides in Fl. If we need a lawyer should he be in VA?
1 Answer from Attorneys
Re: Executor Problems
What your brother is able to do and not able to do is in part determined by the language of your mother's will. If he is the named executor, he is required to appear in Virginia and get qualified to handle the estate; as part of that process he would have to name a Virginia resident to accept service, since he is out of state.
Since your mother died in Virginia, that is where her will would be probated, and you would need a Virginia attorney, whose first step would be to determine what has been done in the Prince William County probate office.
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