Legal Question in Wills and Trusts in Virginia
My sister's husband recently committed suicide. He had belongings in storage in his brother's home that he wanted her to have but the brother won't allow my sister to have them. Is there any way that my sister can get these belongings? Also, is my sister's husband's ex-wife entitled by law to any of these belongings or to equity in the home that my sister and the husband owned?
There is no life insurance and no other monies left by the husband, only debts. Does the ex-wife have any legal entitlement to the car left by the husband?
Thank you so much.
1 Answer from Attorneys
Yes, your sister should go down to the probate division of her local
circuit court and file an application with the clerk to be appointed as the administrator of her deceased husband's estate (assuming there was no will with
an executor already appointed.)
And, then, once appointed as the personal representative of the estate, your sister would be legally empowered to collect up whatever property of her husband remains (including that which may be in the brother's residence) and make distributions, accordingly, under Va. Code Sec. 64.1-1(even if it's only to herself).
Furthermore, if, for whatever reason your sister doesn't wish to probate
her deceased husband's estate, there are likely other approaches she could
pursue to secure these items of personal property to which as the
the surviving spouse she would apparently be legally entitled which a
local attorney in her area could further explain to her.
Under the above referenced distribution scheme, the ex-wife of the decedent
should be entitled to nothing whatsoever of his property.
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