Legal Question in Wills and Trusts in Virginia
Wills vs gifts
My Father died in May 2005. His will was read in Feb 2006.
His will designated all of his real and personal property to be distributed equally among my mother and 3 children.
At the reading of the will I learned that in October, 2004 my brother, who was POA for my father at the time and was later named executor apparently convinced my mother to distribute my father's cd's
(appx $60 - 70K) to family members not listed in the will under the pretense of avoiding estate taxes. Since the receipents of the ''gifts'' are not listed in the will is there any recourse we have to have these monies returned to my fathers estate and distributed according to his wishes? I do not know if these cd's were in my fathers name only or jointly with my mother.
Since all family members knew my father had a will this distribution action seems suspicious to me. Only my brother and his family members and my sister and her family members received all of the assets in $11,000 payments each.
Does my mother and myself have any recourse?
1 Answer from Attorneys
Re: Wills vs gifts
Yes, you and your mother (and other entitled beneficiaries under the will) might well have a cause of action against the executor for making the distributions which you've described. You would be well advised to arrange for a consultation with an attorney experienced in these kinds of matters who will be able to further advise you.
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