Legal Question in Wills and Trusts in Virginia

CD's

Although my Dad's will states that all his possessions are bequeathed to his descendants(me and my sister,she being the executrix)I noticed a sentence which states that his personal representative is ''to retain any

investment owned by me at the time of my death''.

Does this apply to the 2 CD's she convinced him to buy a few months ago? Does this mean she gets the full amount therein?


Asked on 10/11/06, 4:38 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: CD's

It is dangerous to ask a lawyer (or anyone else) to give you any opinion about anything on a document without letting the read the ENTIRE document. What you describe is a very paltry little bit of the document, and we have not read it.

However, it sounds like the personal representative is charged with gathering together the assets of the deceased... a normal process.

That has NOTHING to do with the person representative's obligation to eventually pay out the assets as the will instructs.

The executive is responsible to assemble all of the assets together, inventory them, then pay all outstanding debts. ONly after doing all of that is any money distributed to heirs.

So I think there is no conflict between the two passges you are referring to.

But what do we know? We have not read the document!

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Answered on 10/16/06, 9:13 pm
Paul B. Ward Law Offices of Paul B. Ward

Re: CD's

It sounds as if the "retain any investment . . ." language is just a direction not to sell, rather than a direction that the personal representative gets the investment. You should have the will reviewed by an attorney.

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Answered on 10/12/06, 5:35 pm


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