Legal Question in Wills and Trusts in Virginia
''Lost '' private corp. certificates
My two half brothers, whom I am estranged from, who are also the executors, entered the safety deposit boxes, cleaned them out. Now claim they are the sole owners of a farm held in a family corp. Their stock certificates were the only ones ''found'' in the safety deposit boxes. At my fathers death, Iwas a vice-president, I signed the stock certificates 15 years ago, then the secretary. Do they own the farm? How can I pursue my case? Claim my inheritance? Are the banks of VA, under VA Code/banking procedures liable/negligent? I would not be going thru this IF they, the banks had done their job and keep items SAFE in the safey deposit boxes and had 3 bank officials present as the Code of VA dictates they should have done. NOw I am in a legal batttle that is very costly. Plus, the 2 executors have stolen about $500k cash also in those boxes, they claimed only $180k, and still have not filed an updated inventory. Plus they have received several checks of Tobacco buyout money they have not reported yet cashed. One is a convicted felon, which we have tried to get him removed. The court, Judge, commissioner of accounts, None are doing anything according to VA Probate law guidelines. Is there any justice left? Any way to protect my inherita
2 Answers from Attorneys
Re: ''Lost '' private corp. certificates
Your situation is too complicated to answer in this type of forum. You should consult with an attorney in the county in which the probate case is pending.
Re: ''Lost '' private corp. certificates
If the brothers were officially appointed as
executors by the court, with papers to prove it,
the bank probably would not be found to be at
fault. They would have trusted in their status
as executors. Otherwise, they could be sued by
anyone who would have a claim on the money.
But you would have to be able to prove that
things would have been different if they had
acted differently. Because the brotehrs were
the executors and had the right to open the
safety deposit box, that might be tough to prove.
If your argumetn si that the contents would have
been inventoried, then you may have a claim
against the bank on that.
In generaly, you need to file a petition for an
accounting and force the executors to account
for all of the property in the estate.
The problem will be proving what you suspect to
be true. For example, how will yuo be able to
prove that there was $500K instead of $180K
in the safety deposit box? That sort of thing.
But if you can show that, you can hold them
legally responsible. An executor has a fiduciary
duty to the heirs, and can be made to personally
reimburse the estate for any funds or property
improperly removed.
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