Legal Question in Civil Litigation in Virginia


Is it a normal or accepted practise to be able to extradite an executor of an estate back to Virginia if there is a dispute regarding the distribution of property in a will

Asked on 11/26/02, 7:13 pm

2 Answers from Attorneys

Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Extradition

Only if the executor is not performing in accordance with the will or the executor is mishandling the assets of the estate. If the will is subject to varying interpretations and the one being followed by the executor is not appropriate in your opinion you can file an action with the Court seeking its aid and guidance. If your complaint is however with what the will says the person with whom you have a quarrel is no longer.

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Answered on 11/27/02, 5:42 pm

Edward Gonzalez Edward Gonzalez, PC

Re: Extradition

Generally, in VA, the executor must be a VA resident, or have a co-executor who is a VA resident. There is an exception for immediate family members if they post bond with surety. There is no "extradition." (That's a criminal law concept.) If you are unhappy with the administration possibly consider an action to replace the executor. Call or e-mail for an interview. (The foregoing is based on limited facts, and is not legal advice.)

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Answered on 12/02/02, 2:42 pm

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