Legal Question in Wills and Trusts in Virginia
In Testate
Our father died 4-28-04 and his wife, stepmother, insists he does not have a will and she says we, as his biological children were left nothing. She said all the property, vehicles, and bank accounts were in dads, hers and/or survivors(s) therefore everything goes to her. We live in VA and I have been told that even though all accounts were set up this way we as biological children can bring this matter to court and in the state of VA there is a will in testate that will take over for no will or over turn any will that would be produced. She also insists that he did not have any personal belongings besides his clothing. To make matters worse 3 years ago my father almost died and from that time until his death this year my stepmother had been transferring everything she can into her name and/or both names with survivors. She has also been buying drugs over the Internet from Canada and Asia without prescriptions and was over medicating our father with the drugs prescribed by his doctors at the VA center.
1 Answer from Attorneys
Re: In Testate
You should arrange to consult with a Virginia lawyer knowledgeable in the laws governing wills and estates and probate in general and who practices in the locale where your deceased father last resided. This person will be able to advise you on a course of action appropriate to the circumstances which you've described.
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