Legal Question in Wills and Trusts in Virginia
My ex husband died on August 25,09 and left a will that is a template from Office Max, no attorney. he also authorized an executor. His surviving children are grown and are having a difficult time with the executor. She will not give them a copy of the will even though she used this so called will as a way to get the children to sign to pay for a funeral that was $13,000, stating that the will read that his children would have to pay for it. The executor and my ex husband made funeral arrangements before he died knowing fully well that he did not have enough money in his estate to pay for it. When my exhusband died my son tried to get the arrangements changed so that it wouldn't cost so much, the executor stated that the arrangements could not be changed. My son has asked her several times in a very nice manner to get a copy of the will. Her exact statement is"Don't piss on my wheaties". She will not return any phone calls to them. The estate of my ex husband included a expensive truck, tools(he was a mechanic) and two small boats which have suddenly disappeared. Is this so called will legal in the state of Virginia( which is where my exhusband lived) and who can my son go to to complain about the executor? The executor is my ex husband's sister in law and she has stated that everything in the will was left to her, None of this seems even legal to me.
1 Answer from Attorneys
The will of the decedent will normally be filed as part of the probate case which is opened in the matter with the probate division of the local circuit court, and, as a public record can be inspected and copied by any person who wants to do so for whatever reason.