QUESTION
How can I get a copy of my mother''s will?
Asked on Mar 28th, 2012 on Wills and Probate - Virginia
More details to this question:
My mother passed away and left my cousin to be the executor. However, my mom told me that the house was to be paid for, the taxes for 10 years and the rest of the money was to go into a bank account for her grandchildren. I have yet to see the will and those things have not been done. How can I obtain a copy of the will. I went to the courthouse and since my cousin didn''t go through probate they don''t have it. The attorney who did the will told me to contact my cousin that they could not speak with me. Something is not right. How can I get a copy of the will??
1 ANSWER
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Your mother may have nominated your cousin as her Executor, but until a probate court judge issues an order, the cousin would be just the nominee with no legal authority.
If a Will is not filed with the court and is not being probated, it is highly likely that the property was not titled in only your mother's name. Perhaps your cousin is named on the deed as owning the property jointly "with right of survivorship." When one joint owner died, the other automatically became the sole owner.
Emily, you should consider hiring a Virginia estate attorney to figure out what happened, understand your mother's intentions, and advise you on how to proceed.
To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Apr 09th, 2012 at 2:20 PM