Legal Question in Wills and Trusts in Virginia
Wills & trusts virginia
Wife mother in vermont back in 1989 made a will making her executor of will. 2 other siblings involved, saying everything would be split evenly on her death. She moved back to virginia approx. 1993., and owns a home.
My wife and family involved in major fued, she has not talked to them in 10 yrs.
Mother in law died last year, i did some research and found out there is now a trust, wife thinks she is written out.
Believe her brother is trustee possibly with another sister.
Have not hear from them, she still has copies of the will.
What to do?
2 Answers from Attorneys
Re: Wills & trusts virginia
It would seem prudent that someone should write to
the brother trustee to request a copy of this trust instrument so that it can be compared to the will
and a determination made as to who may be entitled to what of your deceased mother in law's remaining estate assets.
Re: Wills & trusts virginia
If your wife has qualified as executor of her mother's will, she has a right and a duty to find out about the trust. If she has not probated the will, she needs to check with the Circuit Court Probate Clerk in the county in which her mother was living at her death and determine if anyone else has submitted a will to probate, or qualified as administrator of her mother's estate because the mother left no will. What she finds out from those inquiries will determine the next steps.
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