Legal Question in Wills and Trusts in Virginia

my father recently passed away and his exwife is trying to take all of his belongs what can i do fast to keep her from trying to take his stuff His house was in his name but it also was in his divorce that it was his home what can i do to gain control of these things


Asked on 5/13/10, 2:17 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

This is always a very difficult situation. A lot of things are done by family (here ex-family) that violates the rules after people die. The rules are often trampled.

Technically, it is stealing and you can warn the exwife. You can report the theft to the police.

Probably the best thing to do is to immediately qualify as the Personal Representative (executor) for your father's estate. The closest relative (divorce cancels that for the wife) WHO LIVES IN VIRGINIA should qualify as the "executor" (personal representative) as quickly as possible.

The executor has the legal authority to control everything in your father's estate and can speak for him.

You should also try to create an inventory as quickly as possible of everythign that you know about. The exeucftor will have to file an inventory anyway. So you may as well start now. And this may help idnetify anythign that the exwife has walked off with illegally.

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Answered on 5/19/10, 10:24 am


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