Legal Question in Wills and Trusts in Virginia

my mother passed away 5 months ago. She was terminally ill with brain cancer for over 8 years not able to do anything including not able to talk or speak. She was not capable of understanding anything. During the course of her illness, my stepfather had her monthy returement checks directed to a joint account he created using a poa which he got while she was not capable of understanding or giving approval. He signed her name w/ her hand using a x mark. He also gifted half of his house that he had prior to their marraige to her after they were married without survivorship. while she was ill, he used the power of attorney without her knowlege or approval to transfer the house to him only. He did both of the acts to avoid probate and thus blocking me and my brother from receiving anything because her estate after she died did not include anything because he had the accounts in his name (jointly ) the the house in his name only. My question is: can me and my brother sue him? and if so for what?

Asked on 5/12/11, 10:22 am

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

If you mean sue successfully, that would seem problematical at best

but you might want to get the opinion of a local attorney in your area

who handles probate matters.

Answered on 5/13/11, 5:55 am

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