Legal Question in Wills and Trusts in Virginia

My grandfather had lifetime rights deeded to 3 of his sons, and my mother (step-child). Two of the sons were located and signed over their interest in land, one has not been heard from in over 50 years. All three of these sons were adopted out to different families in the 40's, and I'm not at all sure at that time that there was a legal process followed. At one time there was talk that the missing son had committed suicide in another state. He would have been born between 1920's-1930's at home, there is no birth certificate, no social security number issued, no record of employment, no known address, no death certificate - nothing other than his name was on the deed. Mom did a Partition Sale, however 1/4 of the sale is being held. Can my mother claim the money that is being held by the Clerk pursuant to Statute as next of kin?

Asked on 6/01/11, 5:49 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Your mother should consult with the attorney who must

have represented her in the partition suit in the local circuit

court for advice on this matter.

However, if such is not possible (for whatever reason), then she

should arrange for a consultation with a local attorney who

handles real property law matters, including partition suits in the

locality where the matter was previously litigated.

Answered on 6/01/11, 8:53 pm

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