Legal Question in Wills and Trusts in Virginia

daughter done wrong

my daughters dad died in jan.2004. he had no will but she became the administrator over his belongings.She went to w.va.where he died and her dads half brother told her she could park his van and pull trailer in his yard til she could get it which it had all his belongings packed in it.the funeral took place in N.C .She was not able to go back and get his belongings so her dads other half brother brought it down to her but the have brother had took over half of the belongings guns-4 knfe collections camping gear.So I would like to know what can she do to get it back.She lives in Ala. he lives in Va.


Asked on 6/28/04, 4:49 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: daughter done wrong

Your daughter would need to file an action(Warrant in Detinue)in the Virginia General District Court where the property is being wrongfully withheld from her rightful possession.

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Answered on 6/28/04, 9:52 am
Jonathon Moseley Jonathon A. Moseley

Re: daughter done wrong

I am concerned that the people here are spread all over the place, in different States. As a Virginia attorney I can only give advice about Virginia law. It sounds as if the father died as a citizen of WEST Virginia and that the brother helped himself to half the belongings IN West Virginia. If that is correct, then you need to submit this question for a West Virginia attorney, because West Virginia law would apply.

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Answered on 7/07/04, 11:36 pm


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