Legal Question in Wills and Trusts in Virginia

property

my daughters were left 45 acers of land and over 60,000 dollars worth of antiques and furniture from there diceased grandparents their father sold every thing without us knowing. can my daughters buy everything back from the person who bought everything?by the way their father sold all ob above for $2,000.


Asked on 10/19/06, 3:08 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: property

We would really need to know more information. What role did the father have in this situation? Was he the executor (personal representative)? Or did he act without any authority at all? Were there debts that had to be paid? One duty of the executor is to pay off all debts of the deceased first, before distributing assets to the heirs. Of course, selling $60K worth of items for $2K is a problem, but then again one can say it is only an opinion that they are worth $60K and finding a buyer is not so easy. I don't know. I am just saying there could be arguments about that.

I assume you are divorced, as you describe your daughter's father doing things apart from you. Is that correct?

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Answered on 10/20/06, 3:05 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: property

Sure, your daughters could buy everthing back from the guy who bought everything for $2000, if he wanted to sell. But, assuming that he's what the law considers a BFP(bonified purchaser for value) he could not be compelled to do so.

Your daughters may wish to consider bringing suit

for the fair market value of the items of personalty which were bequested to them by their grandparents and apparently illegally sold by their father to strangers for a pittance of their true value.

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Answered on 10/19/06, 3:55 pm


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