Legal Question in Wills and Trusts in Virginia

You have not given very much detail, and this is not very clear.

I am not sure how you signed your executorship over to your sister. I would imagine that this required you to resign as executor (personal representative) and allow for a successor replacement.

I am not sure if that woudl be legally valid. If an executor nominated by the decedent in his or her will refuses or declines to serve (or is deceased or unable to serve or "qualify"), the NEXT person named IN THE WILL by the decedent would take their place. The will should NAME alternates in case the named persons cannot or will not serve.

If the will does not name any alternates (or not enough alternates), then the court could order an alternate executor be appointed.

(If there is no will, the court would order an executor. But since you say there are 2 executors, I assume there was a will.)

Your sister could not simply take over as a co-executor simply because YOU suggest it. She would either have to be named in the will as an alternate or ordered by the circuit court as a replacement.

If this was not done, then she might not validly be a co-exeuctor.

If she was named as an alternate or ordered by the court, then I do not believe you have any way of reversing the action. I think it would be final.

However, any beneficiary can require the executor or executors to follow the will, the law, and proper procedures. This would probably take a lawsuit.

You should first talk to the Commissioner of Accounts in your County to see if the problem is the type of issue that the CoA would supervise.