Legal Question in Wills and Trusts in Virginia

How long can a person who holds someone's will(and is deceased) before they send to probate or notify a sibling where it stands. Cannot locate my father's will...my sister will not give it up and is POA and is risking his property to forclose.


Asked on 4/28/10, 4:34 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Your sister's status as a POA for your father ceased immediatedly

upon his death and now means nothing at all, legally speaking.

In the absence of a valid will that is deliverable to the local

probate court in the jurisdiction where your father last resided,

as your father's surviving heir, you could apply to the clerk's office for letters of adminstration to be appointed the administrator of your deceased father's estate

(which probably would stir your sister to action in the matter).

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Answered on 5/03/10, 4:51 am
Jonathon Moseley Moseley & Associates Law Firm

Michael's suggestion is excellent. If you go to the Circuit Court of the place where your father died, and apply to become the EXECUTOR (Personal Representative) WITHOUT a will, several things will happen.

Your sister will probably then be motivated to show up with the will and produce it.

If you are appointed Personal Representative (Executor), you would have the power to demand it.

Apply to the Court for probate of an INTESTATE person (someone without a will), but TELL the Court in the paperwork that you believe there might be a will which your sister is not providing.

Your PROBLEM in this may be that an Executor either has to live in Virginia or else be partnered with a Virginia resident or attorney, so that you can be reached and 'served" legally with papers inside Virginia. So you might only qualify as Executor if you are working with a Virginia attorney or if you have a Virginia address.

Note also that whomever is executor will have a responsibility to INVENTORY everything owned by the decedent at death and then FILE REPORTS of this inventory with the Commissioner of the Accounts in the relevant County.

Note: You give a zip code out of Virginia but say this is about Virginia law. So I assume that your father died while living as a resident of Virginia. Which State applies is of coruse important.

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Answered on 5/03/10, 6:10 am


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