Legal Question in Wills and Trusts in Virginia

Re: Am a Granddaughter mentioned in will but am told that reading is only for 5

My grandmother passed away recently. I was told that the reading of her Will will only be open to the 5 adult children. I do know that I am named in the will to receive a ''large grouping of items''(Grandmother told me this fact).

---> I don't know that you literally have a right to be at that particular event. However, you clearly have a right to a copy of the will if you are named in it, or even have an expectation of being in it. A copy cannot be kept from you.

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Also, the 5 children plan ''go through'' items/belongings Grandma left after the reading---they cannot ''go through'' the items left to me before I see them, can they?

----> HELL, NO! Unless they are planning to make an inventory and/or simply express their preferences, for distribution at some later time.

This is THEFT just as surely as robbing a bank, yet it happens all the time.

The executor is obligated under Virginia law to make a complete inventory, and file this inventory with the Circuit Court, probate division, for all to see, publicly (along with a cop of the will).

This is often ignored. That is entirely illegal. Every item must be inventoried, and the executor must document WHO go what.

It is theft of the estate's property to distribute property without noting it on the inventory and reporting to the Circuit Court who got it. It is also theft if the distributions are not done in accordance with what the will says. That is theft from the decedent, who expressed her wishes as to who would get what, just as if someone robbed her during her life.

The executor can be personally responsible for any losses from misconduct.

Re: Am a Granddaughter mentioned in will but am told that reading is only for 5

All beneficiaries who are named in a decedent's will should be allowed to attend the reading of such will. Nevertheless, I know of no law which mandates such a procedure. And, yes, I'm afraid the five(presumably principal) beneficiaries of your grandmother's will, will be able to peruse, i.e., "go through" whatever items they wish which are part of the estate, some of which you may now be entitled to under the aforementioned will.

Re: Am a Granddaughter mentioned in will but am told that reading is only for 5

The principal beneficiaries of the will, will have the right to look(by virtue of their presence at the reading of the will) at whatever items that are part of the estate which are available at the time for their collective viewing. This opportunity will in no way authorize any one of them to seize and carry aweay items of the estate to which they are not entitled.

A warrant charging "anticipatory theft" in this particular situation, hopefully, is not likely to be approved by even the least schooled of Virginia magistrates.

The principal beneficiaries will not be authorized to carry away after the reading of the will any items in the estate to which they are not entitled and it will be up to the executor/administrator of the estate to ensure that this in fact does not occur.