Legal Question in Wills and Trusts in Virginia

My brother died recently, he was not married and has one child (11 year old). He did not have a will. His parents and 3 brothers also survive him. His girlfriend is yet to allow my family to retrieve ANY of his belongings, including his wallet. We do not want to make this a legal issue, but his daughter is not able to have any of her father's belongings. We know that he has a large collection of hunting guns and knives, as he was a collector. Some of these items belong to previously deceased family members. How do we go about retrieving his items, they are on the girlfriend's property. Will we need some type of proof of ownership if it goes that far? To my understanding, EVERYTHING that he owned is his daughter's property now, but we want to know what our claims are prior to approaching her about his belongings. We are in Virginia.

Asked on 2/16/10, 7:12 am

Michael Hendrickson Law Office Michael E. Hendrickson

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If you now have custody of your deceased son's daughter, you should be able to

sue in the appropriate court for the retrieval of these items of personal

property which under Va. Code Sec. 64.1-1 have now legally passed to her.

Answered on 2/28/10, 7:06 am

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