Legal Question in Wills and Trusts in Virginia

I am a joint heir to my fatherís estate. However, he did not do a will and I do not live in that state I would like to draft a letter allowing my brother to became the executor of the estate, without losing, my rights as an heir. What should I say in the letter that would make this happen?

Asked on 3/25/17, 9:55 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I would advise that you call the clerk's office of the Virginia probate court responsible for this

matter and request guidance as to whether they would accept such a letter for the

purpose which you've mentioned and what language needs to be included in such a letter

for the court to proceed with making your brother the sole executor of your deceased father's estate

while preserving your right as a co-heir.

The alternative approach would be for your brother to arrange to consult a local Virginia attorney who handles

estate and probate matters for advice as to how best to go about it from his (your brother's) end of things, so to speak.

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Answered on 3/29/17, 9:13 am

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