Legal Question in Wills and Trusts in Virginia
when my surviving parent passes away can her only 2 children be totally exempt from her estate if a new will was written by cohersion in her failing health by a cousin who cared for her prior to her death due to distance and chiildrens health issues and can such will be read without children present if their name is in will for quote memorabillia after rewritten at such time of her failing health
1 Answer from Attorneys
If the will was procured by coersion, and that can be proved, it may be possiblel to have it set aside and the older will be submitted to probate. If it is not set aside, there is little that can be done; the probate laws in Virginia do not require a formal "reading" of the will. Instead, the executor is to go to Court to qualify formally as executor, and one of the first things required of the executor is to notify all beneficiaries and heirs of the qualification. Upon request from anyone receiving notice, the executor must send copies of all filings made in the administration of the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
