Legal Question in Wills and Trusts in Virginia

Estate

Should any personal property be removed or gone through from the estate by anyone, even the Executor of the Estate, the sister, before the Will is presented to the sole survivors /benefactors?


Asked on 2/28/09, 1:26 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Estate

The rule is that the executor must inventory everything immediately and file a complete inventory. That is the first responsibility, whether there is a will or no will.

It may be proper to remove personal items, such as to rent out the house for income (e.g., the mortgage has to be paid) or to sell items necessary to pay the decedent's debts.

But first and foremost the most important obligation of the executor is to file with the Commissioner of Accounts, and provide to the beneficiaries, a complete and accurate inventory of everything the decedent owned at death.

Normally, one becomes executor by presenting the will in Court. So I wonder how did this person become executor?

If you are the children of the deceased, then perhaps you should go into court and ask to replace this person as executor. Are you closer family by relation than the executor? You might be able to replace him or her.

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Answered on 2/28/09, 1:37 pm


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