Legal Question in Wills and Trusts in Virginia

Re: property stolen from beneficiary

If you are the executor named in the will, it is your obligation to go to the circuit court, to the clerk's office (inquire about probate) and probate the will (even if you don't have a copy in hand but know its contents). You are then required to inventory all of the decedent's belongings, including the contents of the house. If you are unable to do that because someone has grabbed the stuff and ran (or in this case the police did part of it), then you will need to report this to the circuit court, and ask the clerk how to subpoena those people who have the decedent's belongings. As the executor, it is your responsibility to file reports and it is your power to control the property until it is properly distributed to the heirs under the will. You should report to the circuit court that the property has been misappropriated, and everything you know about this. Ask if there is a Commissioner of the Accounts in your County, talk to him and ask for advice. What County is this in? If you need additional legal help, of course please contact me. My fee is only $110 per hour, by keeping my office expenses very minimal, after 8 years experience as an attorney.