Legal Question in Wills and Trusts in Virginia
wills, estates, probate
My father-in-law passed away 12/20/06. My husband is not legally his son (his nephew) but was raised as his sone. Other family members caused a big fuss over his estate. We did not find his will until a couple of months after his death. We went to a lawyer who knew my father-in-law and he also knew the complications of his estate as far as other family members. We allowed him to become the Administrator because he said that we could not because of our credit record. We had some medical issues over the last 2 years that put a strain on us financially. As I stated above, he became the Administrator and he told my husband that it would have to go through probate and a year after his death it would go before the court. It is now 1/09/07 and we have been calling and calling and calling his office. Finally, my husband got an answer from his office and they said it was a year after the lawyer was made Administrator. My husband and I feel like we are being jerked around and are very annoyed w/this firm because they will not talk to you or return your phone calls. By the way, my husband was named in the will as the sole beneficiary. I just want someone to answer my questions and give me the correct information, we want closure.
1 Answer from Attorneys
Re: wills, estates, probate
I am not aware of any rule or regulation or accepted practice that concludes that a low FICA(credit) score show disqualify one from acting as an adminstrator or executor of a decedent's estate.
Under Virginia probate law, estates should be probated within about 14 months from the date of opening. Your father-in-law's estate would appear to likely have several more months to go before a final report/accounting is due the commissioner of accounts, all legitimate creditors are paid and required distributions made from the estate which can then be closed.