Legal Question in Wills and Trusts in Virginia

Vengeful Sister-in Law

My wife was the trustee of her

mother�s Revocable Living Trust, and

also named the sole beneficiary. In

her Will, my mother-in-law named

my wife and my wife�s sister

co-executors of her Estate, even

though the Will is a Pour-Over Will

which, ultimately, passes everything

not specifically included in the Trust

to my wife.

My mother-in-law recently died. She

had some bank accounts and mutual

funds in the Trust, and jewelry,

furniture, and a car that were not in

the Trust. My sister-in-law was

angry that nothing was left to her,

and has refused to sign off (as

co-executor) on the jewelry,

furniture, and car. She also has said

she intends to investigate the

records of the bank accounts and

mutual funds included in my

mother-in-law�s Trust (apparently, in

an attempt to invalidate the Trust).

1. What can my wife do to force her

sister to sign off on the jewelry,

furniture, and car which are now

part of my deceased mother-in-law�s

Estate?

2. Does my sister-in-law have any

right (as a co-executor) to access

records of the bank accounts and

mutual funds that are in my

deceased mother-in-law�s Trust (but

which clearly are not part of her

Estate)?


Asked on 3/17/07, 4:37 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Vengeful Sister-in Law

It would appear that your sister-in-law was disinherited by her mother. Perhaps, your wife might want to consider sharing some of her bountiful(?)inheritance with her sister who was bequeathed nothing (apparently for reasons not identified).

However, if your wife is not so inclined(for whatever reason), at some point the estate must be closed(within 14 months or so of opening) and an accounting of matters filed with the local commissioner of accounts. If the

disinherited one continues to refuse to complete her signatory duties for no apparent good reason, your wife as co-executor of the estate could petition the probate court to have her sister removed as co-executor of the estate, thereby obviating any need for her signature on anything.

In the meantime, let the disgruntled

one investigate away. Assuming that the

objects of her investigation are all in good order, it will likely avail her of nothing.

Read more
Answered on 3/17/07, 6:56 am


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