Is there a time limit to filing a will in VA? Can the person my father designated his POA (he had parkinsonian dementia and left his wife of 10 years 8 months prior to his death). The person he designated his POA was his previous wife to the one he divorced (i.e. his 4th wife). She has been less then forth coming about the will etc. We (the kids) have a copy of his will from a year ago but it is our understanding that the will was changed. Dad did have a no contest clause in his previous will. We are concerned that his 4th wife is going to drag her feet in filing the will or that she has moved all of his assets into her accounts to shield them from distribution according to my fathers wishes.
http://leg1.state.va.us/cgi-DANGEROUS URL REMOVED?000+cod+64.1-86 has this statute:? 64.1-86. How production of will compelled.Any court having jurisdiction of the probate of wills, on being informed that a person has in his custody the will of a testator, may summon him and by proper process compel him to produce the same.You can demand in writing that she produce the will within 10 days or confirm that she does not have possession or knowledge of a will.Or you can file the will you have for probate and if there is a later will she will certainly produce it thenYou can get a free consultation from some of the Virginia probate attorneys listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/VirginiaI hope this information is helpful.
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