Legal Question in Wills and Trusts in Virginia
My grandmother died on 11/30/2016. Her daughter was on her checking account at her bank. The daughter emptied the account and closed it, keeping all the money for herself. My grandmother had a will that states for all her assets to be divided equally between her 6 children. She had an IRA in the amount of 8K, a CD of 20K(which was her retirement money) and 10K in her checking account.My question is Can my aunt keep that money legally since her will clearly states for her children to divide her money equally?
1 Answer from Attorneys
Well, yes, quite probably, unless the beneficiaries under your grandmother's
will bring a challenge to the actions of this particular daughter in the appropriate
Virginia circuit court, i.e., a will challenge, in order to receive what is due them under this particular will and presumably in accord with the desires of its deceased testator (your grandmother).