Legal Question in Wills and Trusts in Virginia
the power of attorney has not released any money from the will my dad left and is avoiding me when i call to find out whats the problem.. he past away 3 years ago, yet not a dime.. is there something i can do or contact?? she says something about a judge to let her release the money but still its all talk and nothing else... do i need to contact the county in which the will was created in??
1 Answer from Attorneys
A power of attorney becomes a legal nullity upon the death of its principal (your
now deceased father in this case). So the questions then arise as to who is the executor named in your father's will and what is the current status of the probate of this will?
If per chance it's this person who formally held the POA and who appparently has done little or nothing in the last three years to administer the estate, you may have to petition the probate court to have her replaced as executor . (And assuming that by now the will is now on file with the probate court, you should be able to obtain a copy of it from one of the clerks. The court charged with the probate of the will would most likely be in the city or county where your father last resided and owned property and where he died.)
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