Legal Question in Wills and Trusts in Virginia
Inventory of Accounts
My Father died 5/1/05. The will was read 2/9/06. My brother had POA & is named as executor. A safe deposit box was in the name of my father & brother (as POA). The box is now in my brother's name only. Contents unknown. With the exception of specific items left in the will ''all the rest and residues of my estate, both real & personal'' were given to me, my brother, mother & sister in 4 equal shares. No one else is in the will
At some point, my brother, mother & sister decided w/o me to cash in my fathers cd's/savings bonds (total amt unk but believed to be $60-70k). The cash was converted to cashiers checks in the names of my brother, his wife, my sister, her husband in equal amounts supposedly to be cashed as care for my father and mother is needed, and are now in the safe deposit box. My Mother, at the reading, denied agreeing to put checks in the names of my brothers wife and my sisters husband.
I am part of the will,do I have a right to take an inventory of the safe deposit items to see exactly what is there or not?
Since my brother was POA & executor now...what time period should be used to account for all of my father's assets?
Father suffered from dementia & was in a nursing home 1 1/2 yrs prior to death.
Thanks.
1 Answer from Attorneys
Re: Inventory of Accounts
The time period to settle your deceased father's estate runs about 14 months from the date the estate is opened.
Your brother who was named executor in your father's will has the right as well as the obligation to collect up and inventory all of your deceased father's assets.
As a named beneficiary under the will, you have the right to receive in due course whatever share of these assets to which the will entitles you.
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