Legal Question in Wills and Trusts in Virginia

Contest my mothers will

eleven days before my father died in 1990, mother & brother rewrote me out my inheiritance, mom died 2003,brother ''got'' all, but ''all'' consist of the original will of 1990, wish to contest my mothers will and take over ''executorship'' of the estate due to fraud and criminal behavor on brothers (also executor) part,mom always claimed she loved me,but stole my inheiritance to make sure she and my brother (her obsession) inheirited it all (around 5 million dollars)there was no ''falling out'' between she and I, brother lives in Va., where estate is located (McLean, Fairfax County, Va.), I reside in NY,so was not there to ''influence'' her when father got sick in 1990, is there a statue of limitations on fraud., also lost 3 CD's (certificates of deposits @ 100,000$ each), which mother transfered into her bank account 1990, I want to contest the will, sue my brother and retain my inheiritance the way my father originally had planned for me upon my birth, and his sucess, he haad a sucessful construction company 1947-1988,and I have been cheated by my won mother and brother, I need help, quick!

Asked on 8/30/04, 3:48 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contest my mothers will

Section 64.1-88 of the Va. Code provides that any person not a party to the proceeding(resulting in decree or order probating a will)may file a bill of equity in the circuit court to either impeach or establish a will.

Assuming that you were not such a party to the proceeding (having previously been written out of the will), this statute would appear to authorize

you to file a bill of equity with the circuit court which handled the original matter and, if necessary, to proceed by a jury trial for a determination as to whether any or all parts of your mother's will should be invalidated and the distributions resulting therefrom adjusted accordingly.

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Answered on 8/30/04, 11:53 pm

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