Legal Question in Wills and Trusts in Virginia

Probating a Will
My aunt died September 4, 2002. She was supposed to have a will which included my elderly mother which I have durable power attorner over. The executor over my aunts estate says he has a year to execute the will. We were told before my aunt deceased that she included her sister to receive 30 percent. We estimated her value to be around $500,000.00 however the executor says there is no money left in the estate. Can we make them prove what they did with all her assets. They took care of my aunt for 2 years.My mother happens to be 90 years old.Does she have to wait a year?

Asked on 12/16/02, 6:35 pm

Thomas DeCaro DeCaro & Howell PC

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Re: Probating a Will

Virginia law has a provision requiring people acting

under a power of attorney to account for the

disposition of the assets of the disabled person, so

I would suspect that you can obtain an account

of the funds. I would be glad to discuss this

situation with you if you want. Call me at

703-255-0090

Answered on 12/16/02, 7:07 pm

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