Legal Question in Wills and Trusts in Virginia
My step-mother died in Dec 2008 in VA. She left a specific number of stock from 2 utility co's to each of her step-children. Can we get the stock converted to our names or does the lawyers have to liquidate and give us checks. I'd rather the stock transferred into my name rather than a check for the amount at time of sale.
Also she left a codicil, not notarized and only 2 witnesses, in Virginia. I was told that it needs 3 witnesses if in VA.
Curious. The Kid's....
1 Answer from Attorneys
Only two witnesses are required under Virginia law and, I think, under the laws of all the 50 states, so you were misinformed. There should be no problem getting the stocks transferred into your name, although there's little difference from getting the case and buying the stock, though that might incur commissions. I suppose you have an affinity for the stock because it was owned by your mother, so I know of no reason the executor could not make the transfer to you "in kind", i.e. in your name.
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