Legal Question in Wills and Trusts in Virginia
My mother passed away this year. she did have a will. Our step father would not let us see the will but he did tell us that everything was left survivorship. If she listed personal items such as jewelry and pictures, do we have to wait until he dies to get these items, or is he obligated to give them out as she requested?
1 Answer from Attorneys
The real estate may be in survivorship -- that can be checked in the land records. The bank accounts may all be joint, and if they are, he is the owner. The car may also be held jointly, and if so could be his alone. But lots of thing like furniture, jewelry, clothing, etc. which are not usually titled, and they should be in your mother's estate subject to probate.
You probably should secure a lawyer in your area to explore whether it would be worth it to file in court to require him to probate the will.
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