Legal Question in Wills and Trusts in Virginia

Re: what is my rights

Well, first, this is why people make wills or

other arrangements. The problem is that your

father's verbal wish is not documented or

provable, even though it may just as real as if

it were written in a will. So there would be

no way for a court to know whether it is true

or not.

However, as my colleague points out, you are

entitled to 1/3rd of all your father's

property. Without a will, the spouse gets

everything UNLESS there are children from

another marriage, and then the children get

1/3rd.

So you are entitled to 1/3rd of everything

your father owned.

This still doesn't answer the question whether

your stepmother can sell the tools and fishing

equipment. Normally, the executor is supposed

to convert everything to cash and distribute

the funds.

However, clearly she will not be able to get

very much money selling the tools as used items,

compared with their value to you (what it would

cost you to go out and buy new ones).

So, it would be "waste" for the stepmother to

sell these items rather than give them to you.

However, going to court and proving all of this

would be difficult.

YOU COULD file a "Warrant in Detinue" which is

a suit to demand specific items of property.

Go to the clerk of the general district court.

Ask for the "Detinue" form. And then have it

served upon your stepmother. You could explain

to the judge that your father wanted you to have

those items, and said so.

However, short of doing that, of course, being

"right" does not help unless you can talk her

into cooperating.

Re: what is my rights

If Virginia law applies, your step-mom is not the only beneficiary of your dad's estate. Here's the language of part of the Virginia Code that deals with persons who die without a will ("intestate").

� 64.1-1. Course of descents generally. � When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:

First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.

Virginia Code � 64.1-1