Legal Question in Wills and Trusts in Virginia

I live in Virginia. There is no will. No power of attorney as far as I know. My mom passed away Feb 2013, my dad just passed last week. The house is paid for the only bills he owes are whatever is the current ones. As I was taking care of my parents and paid everything off from their acct.. He has money in the bank, my sisters are on the account as they talked him into doing so the day I didn't go to the house after my mom passed and convinced him to sell his car which I was using to take him to his Alzheimer's Dr. and other things and had been taking mom to dialysis 3 days a week before she passed. I moved in with dad after mom passed, not to see my sisters help with anything. Now that dad has passed. there is no will. My sisters say the accounts are frozen and I have not got access to it to pay bills. They want to get an attorney to take care of everything. One sister got in touch with an attorney that she has used in the past for something else and says he needs the death certif. last bank statement and deeds to house that dad owns. I don't trust my sisters after the way they were when mom passed. What would your advise be to me to do in this situation? Any help would be appreciated.


Asked on 7/10/15, 4:57 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

If your dad was competent when he added your sisters to the account, the likely outcome is that the balance in the account after paying bills will belong to you and your sisters, and can be divided immediately. The house will go to you and your sisters in equal shares even if your dad was not competent to name them as co-signers on the account. You, as one of the co-signers, can pay the bills if you still have access to the account; it is unlikely that it can be "frozen" by them. Getting an attorney involved in what sounds like a simple estate will take a bite out of what you and your sisters are to receive, but that's often the result of not being able to sit down and work things out.

Read more
Answered on 7/12/15, 4:19 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia