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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4800
Experience:  Experienced in both state and federal court.
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My father who remarried and had another child by that women

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My father who remarried and had another child by that women in 1990 died on October 12, 2007. A reside of and dies in Virginia. He had no will, but did have assets. I recieved nothing, its there any avenue to pursue intestaty or is the statute of limitations up?

TexLawyer :

Good evening. I'll be assisting you with your question.

Customer:

Hello

TexLawyer :

Virgina has no statute of limitations as it pertains to probating an estate, whether it is through a will or intestate.

TexLawyer :

As such, if the estate has not been through the probate process yet, you can still initiate it.

Customer:

Probate? How would I know if it was?

Customer:

If it was already there is nothing I can do

Customer:

?

TexLawyer :

You will have to check the circuit court in the county in which he died.

TexLawyer :

Yes, if it was already probated, there is nothing you can do. There is a statute of limitations of one year on contesting probate.

TexLawyer :

Assuming the estate was probated within a couple of years of the death, then it is very likely that the statute has run.

Customer:

EVen if probated and did not diclose he had a son?

Customer:

Ok

Customer:

So is probate a public knowledge thing?

TexLawyer :

Yes, it is a matter of public record.

Customer:

Ok many thank if it was probated would it be worth contacting an attorney in va? If it was not probated how would I intiate?

TexLawyer :

Either way you should contact an attorney. If it was already probated, you should make sure everything was done correctly and there were no misrepresentations made to the court. If there were, you may be able to re-open it.

Customer:

Thanks!

Customer:

would you recommend any va attorneys in rockingham county?

TexLawyer :

If there wasn't a probate, you can hire a lawyer to start it for you. For more information on Virginia probate process, see here: http://www.courts.state.va.us/courts/circuit/resources/probate_in_virginia.pdf

TexLawyer :

Unfortunately, I cannot recommend specific lawyers, but I can point you to a couple of good websites. I'd suggest you use www.martindale.com or www.lawyers.com.

TexLawyer :

Both are reputable attorney referral websites.

Customer:

Okay Thanks and I would look for an estate attorney?

TexLawyer :

Probate.

Customer:

Thanks

TexLawyer :

Glad to help. Can I help you with anything else?

Customer:

Nope Thanks Much

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