Legal Question in Wills and Trusts in Virginia

Rights as an Heir

My mom died in April of 2001.My brother whom I have not spoken to in 5yrs was executor of the estate.I found out via internet the real property was sold May 2002.I live in fl. all this took place in Va.I sent away and received a copy of the will which states all property shall be divided equally.Also there was signed affadavit stating I had been notified of probate filing which I was not.Inquiries by a 3rd party(relative)are met w/ ''its still in probate'' or ''its none of your business''. I SMELL A RAT! If the property has been sold(my mother had no real debts)is there any reason why the money would still be legally tied up.What is my legal recourse?


Asked on 12/01/03, 7:23 pm

1 Answer from Attorneys

Robert Beatson, II Law Offices of Robert Beatson, II

Re: Rights as an Heir

As a beneficiary, you have the right under VA law to petition for removal of the current Executor of the Estate and to question/correct Estate Accounting Reports and Inventory Reports that are filed with the local Commissioner of Accounts and/or the local Circuit Court. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under VA law that need to be carefully worked through concerning the Will and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under VA law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of VA. If I can be of any help to you, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 12-1-2003, 9:10 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

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Answered on 12/01/03, 9:02 pm


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