Virginia  |  Wills and Trusts

Legal Question

Asked on: 7/20/13, 5:49 am

My mom died (my dad is mentally incompetent as a result of a stroke), one sister is the executor, and there are 3 other children, myself included. For help with the estate my sister chose not to use the attorney that wrote my parents' wills, but to use an attorney that my mom had met with, didn't like, and whose recommendations she didn't follow. This attorney has interpreted parts of the will, particularly those referring to us dividing the assets equally (including the use of a vacation home) in ways that do not reflect what I, or others, believe could have ever been my parents' intent. Given the opportunity, could the attorney who drafted the will write some sort of clarification explaining in more detail my parents' intent in these areas?

1 Answer

Answered on: 7/21/13, 8:47 am by Michael E. Hendrickson

Sure, you could mount a formal challenge to the will and retain the services of this attorney whom you prefer to represent you to explain it all to the probate judge as to why your interpretation of the will should be the one adopted by the court.

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