Legal Question in Wills and Trusts in Virginia
What do I do??
My mother died October 21st 2003, what is the Statute of Limitations to fight a will? My sisters daughter a fund raiser with no legal experience helped my mother write her will. My sister is the trustee. Do I have a right to a copy of the will to see if anything was left to me, my sister said there was but I have yet to see or hear from her? A copy of the will has not been filed with the court. My sister was the trustee and had her name on everything of my mothers, am I entitled to anything?
1 Answer from Attorneys
Re: What do I do??
First of all, your sister must be the executor of your mother's will and not the "trustee". The executor is charged with carrying out the instructions of the testator(your mother)which are described in the will.
The will must be probated(processed by a court of proper jurisdiction)and a final order of distribution(regarding assets)entered by that court. During this process you as a presumed beneficiary (or even as a disinherited party)would have a right to contest the will or appeal a final decision of the court in the probate of the matter within the time frames allowed.
In Virginia the probate process can take up to 14 months when the final report must be filed by the executor with the commissioner of accounts.
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