Legal Question in Wills and Trusts in Virginia

Executors of Wills

1. How long after the persons death does the executor of the will have to carry out the wishes of the will?

2. What happens to an heir's part if they die before the estate is disbursed?

3. Does the executor have the right to hold onto the estate as long as they want?

4. Does the executor have to keep records of where all the money is spent after the will has been filed?

5. What happens to the property and personal belongings if not given to the person that they are meant for?

6. What can a person do if the deceased told a person that they can have something upon their death and the executor does not give it to them and the person has witnesses to the fact of the conversation?

7. What happens if someone owes the deceased money at the time of their death?


Asked on 10/04/05, 4:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Executors of Wills

1. Normally 14 months in Virginia.

2. A deceased heir's share will be distributed according to the terms of the probated will.

3. No, Distributions normally must be made along with a final accounting in the time frame referenced in answer #1.

4. Yes, all distributions must be referenced in the final accounting.

5. If the intended beneficiary does not receive the property to which he or she in entitled to under the will, the matter may have to be litigated, if the commissioner of accounts is unable to straighten it out.

6. If it's not in the will, the person with the claim is not going to get the item of property unless whoever has it is willing to voluntarily relinquish it.

7. The executor of the estate is responsible for collecting up all of the assets of the deceased, including any monies owed by debtors to the deceased.

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Answered on 10/05/05, 10:17 am


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