Legal Question in Wills and Trusts in Virginia

estate distribution

A widowed parent died with a simple will specifying equal distribution of the estate. The sole heirs (3 brothers) agreed orally and in writing that #1 would get nothing, #2 would get all real property, #3 would get all cash proceeds. Some insurance proceeds (c. $8000) were not turned over by #2 to #3. Can #2 be held legally responsible for not turning the proceeds over? Is there a statute of limitations? Is this a criminal or a civil matter?


Asked on 7/16/99, 8:30 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: estate distribution

Lots of questions are posed. Did the will get probated? If so, did #1 renounce his bequest in a timely fashion? If not, the testator's wishes have to be followed, though the parties can make gifts to each other after distribution to do what they agreed to do. If the will was not probated, what does the written document look like? If it's a contract, it may be enforceable, and the Virginia statute of limitations on written contracts is 5 years.

Read more
Answered on 7/21/99, 1:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia