Legal Question in Real Estate Law in Virginia

My father left land in Virginia to be divided among us four children. My mother survived him and allowed my nephew control over her finances. I have not gotten any land or any payment for the land. I asked him for the papers and he ignored me. How do i verify what has happened to my share of the land? My father left the land to us but i never knew why my mother had control of it.


Asked on 5/26/10, 8:06 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Unfortunately, this is a common problem.

First of course you can look in the deed records for the County, some of which are on-line.

Second, the executor (personal representative) for the estate is required to file reports with the Commissioner of Accounts. Contact the Commissioner of Accounts for the relevant County. Some of them are holy terrors and will demand accounting and reports, etc. Maybe not all. But yo ushoudl try.

Third, worse comes to worse you may need to file an action in court, probably for "breach of fiduciary duty."

To know who should have control over it would require examining your father's will and anything related.

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Answered on 5/26/10, 11:21 am


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