My mother passed away in Nov 2000 in Virginia Beach.As of this date we can not locate her will. My mother has 5 grown children, 2 live in Va the other 3 live in NY. Our brother who lives in Va has already moved in my mother's home with his new wife. What can be done about this situation. The home was own outright. My brother claims since my mom was 64 years old she did not have to pay property taxes...My brother is also driving my mother's car without turning in the tags. What recourse does my sisters and I have since my brother claims the atty is not returning his calls...How long does it take to read a will in this state? Any advise would be greatly appreciated.
2 Answers from Attorneys
I am assuming that your mother lived in Virginia. Therefore, my suggestion is to contact a lawyer in that state. As a NY lawyer I am unable to properly counsel you.
First, get the Will and have it probated. If it is in the possession of the lawyer, get on his tail.
Do you have a copy of the Will? If so, who gets the house and car.
Your brother, if he is not entitled to the house and car, runs the risk of becoming obligated to his siblings for the rental costs of the house and the car.
Don't delay and make sure that the provisions of Mom's Will are carried out speedily.