Life Estate Probate Implications

Summary

A life estate in a will generally bypasses probate, transferring property directly to the life tenant. If disputes arise, document events and consult a probate attorney. Address potential conflicts of interest with a special commissioner by reviewing relationships and objecting formally in court. If a will is missing, verify electronic filings with the clerks office and search personal records. An estate attorney can offer guidance on these matters. In Virginia, electronically filed wills may be accessible online through the courts system.

Full Conversation

What can i do if my dad died and people where there with him, and he was laying on the floor and before i got there my mom and my sister stepped over his body and went up stairs and took a bunch of stuff and i have witnesses to it! And my mom and dad have been divorced for 22 years and was not welcome at our farm and my dad had tresspassing papers served on her! What can i do about this
I'm really sorry to hear about your situation. It sounds like a complex issue involving estate and property rights. Here are some general steps you might consider:
- Document Everything: Keep detailed records of the events, including witness statements.
- Consult a Probate Attorney: They can assess the will and estate plan to determine legal rights.
- Trespassing Orders: If your dad served trespassing papers, consult with law enforcement on enforcing them.
Would you like more information on how to find a local attorney?
No, the will was a life of estate will
It sounds like you're dealing with a challenging situation. Since the will involves a life estate, it's important to ensure that the property rights are respected. Here are some steps to consider:
- Document Everything: Gather all evidence and witness statements related to the incident.
- Enforce Trespassing Orders: Consult local law enforcement about the trespassing papers.
- Consult a Lawyer: A probate attorney can provide specific guidance based on your situation.
If you need help finding a lawyer or further legal advice, feel free to ask!
The special commissioner appointment was a lawyer friend my sister used to work for and all the people helping her she used to work at their firm, wouldnt this be a conflict of interest
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It might be a conflict of interest if the special commissioner has a prior relationship with parties involved and it affects impartiality. Consider these steps:
- Review relationships: Determine any biases in decision-making.
- Object formally: Raise concerns in court about potential conflicts.
- Seek legal advice: Consult with an attorney for specific guidance.
If you have more questions or need further assistance, feel free to ask!
If my had a wf number then he should have a will correct.
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It's not necessarily true that having a WF (will file) number means there is a will. The WF number may be related to other probate or estate documents. Reviewing the estate paperwork or consulting an attorney might clarify this. Is there any specific aspect you need more information on?
That makes no sense, i know my dad had a will but they claim they cannot find it at the county court house or atleast says the clerk, but the wf book that his number is missing! And they said that they had just had everything electronically filed!
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I understand your frustration with the missing will. Here are some general steps you can take in Virginia:
- Contact the Clerk's Office: Verify the electronic filing process and inquire about any errors.
- Search Personal Records: Check if there are copies or drafts of the will at home or with his attorney.
- Seek Legal Advice: An estate attorney can provide guidance on the next steps.
Do you need further assistance or have any specific questions?
Would the will be available to see online if it was electronically filed
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If a will was electronically filed in Virginia, it may be accessible online through the court's electronic records system. You should contact the local probate court or clerk's office to confirm its availability and inquire about accessing it online.