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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2242
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My widowed and childless aunt died intestate in. Her estate

Customer Question

My widowed and childless aunt died intestate in Virginia. Her estate was worth a half million dollars. The lawyer ignored all of her other siblings descendants and just gave all of the money to her two surviving brothers. How can the lawyer get away with such a circumvention of state law???
JA: What documents or supporting evidence do you have?
Customer: I sent the lawyer a letter informing him on the existence of myself and my siblings well before the disbursement of money.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of
Submitted: 11 months ago.
Category: Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome! My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  J. Warren replied 11 months ago.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation and can understand your frustration. I would hope that this was an error on behalf of the lawyers not listing the descendants of the deceased siblings of the aunt. Regardless, the heirs that believe they are entitled to a portion of the estate would need to petition to reopen the estate due to an error or omission. This may amount to a malpractice claim against the lawyers as well for failing to include the descendants of the deceased sibling. If indeed this was intentional the lawyers could also face bar discipline.

My recommendation is for you to retain local counsel in the jurisdiction in which the probate was administered to assist you with settling this issue.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 11 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or rated positively. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons). I am simply touching base. Let me know. Thanks!