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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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My mother's parents died, it was told that there was no

Customer Question

My mother's parents died, it was told that there was no will, then it was told it was a will? I took my mother down to the court house in Dinwiddie VA, to put in a petition concerning her parent's and grandparent's whom all are deceased, and she was told that they did not that Rudolph Jones had sister's. She was not get any from her parent's nor grandparent's, Rudolph Jones whom was her baby brother took over the land and built a nursing in her mother and daughter's name Azzie!! Now he is deceased and his wife and children has taken every. What right's do I have as the last living hire?? I received nothing from my parents and grandparents and the fact they use my mother and Daugherty for the greed!!!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

What exactly is your question? Did you mother have a will and if so did you or someone else file it?

Customer: replied 1 year ago.
It was said by my brother no there no will, then I was told my parents left a will! Nothing was filed in court, they were not aware my brother had any sisters
Customer: replied 1 year ago.
We went to court to find out information and received no help
Customer: replied 1 year ago.
Why I did not received anything from parents, and how my brother was able to take everything with out everything going thru probate court?
Expert:  Christopher B, Esq replied 1 year ago.

There is no set time frame in which a will must be probated or estate administration must be started. The death of a loved one is a particularly emotional, stressful, and busy time. The probate of the will can usually wait until a week

or so after the funeral. It is recommended that the initial steps in the estate process star t within 30 days after death. If any questions exist, call your attorney or your local Circuit Court Clerk’s Office.

First, the will (original) must be taken to the Clerk’s Office of the Circuit Court in your local jurisdiction. It is recommended that an appointment be made with the Clerk or a deputy clerk. You might be given some forms

to fill out prior to the appointment. Second, the person offering the will for probate or seeking to qualify should know all the assets owned by the deceased and, as accurately as possible, the value of those assets. A copy of

the death certificate should be taken to the court. This document contains much of the information that will be needed by the Clerk or deputy clerk assisting you.

Your brother would not be able to take everything if there was a probate and without filing the will. If there is in fact no will then the estate will be distributed by intestate succession (state law). If a person dies without a will, Virginia law provides a course of descents as follows (after payment of funeral expenses, debts and cost of administration):

1) all to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.

2) if no surviving spouse, all passes to the children and their descendants.

3) if none, then all goes to the deceased’s father and mother or the survivor.

4) if none, then all passes to the deceased’s brothers and sisters and their descendants.

5) (there are further contingent beneficiaries set out in the Virginia statutes.)

If the assets were taken without proper authority then you need to hire an estate attorney and you might have a cause of action against whomever took the assets without authority.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions?