Legal Question in Wills and Trusts in Virginia

Property stolen from legal hier

My great-aunt lost her only son last year. A family member came and took most of his property from her home. They told us that this was to be sold for burial expences,that she had his will and was his power of attorney. The will was never read or shown to any of us untill 5 months later. It was notorized while he was in the hospital and under heavy medication. It stated that his mother was to receive all the property he had at her home with a few exceptions and that 2 items were to be sold for expences. One of the items to be sold is still in the other members posession and the funeral is not paid. What can be done to get this property back if the will is not legal? What can be done if the will is legal to see the property distributed as stated.


Asked on 3/02/04, 1:54 pm

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Property stolen from legal hier

You need to see an attorney as soon as possible. Assuming the will is valid, it will be admitted to probate, and the probate court will appoint an executor or personal representative to recover and redistribute the deceased's property.

If the will is not valid, the probate court will appoint a personal representative to recover the misappropriated property and distribute it according to the laws of "intestacy" (inheritance law for persons who die without a will).

Richard S. Stolker

301-294-9500

Read more
Answered on 3/03/04, 8:40 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia