My father died andI have heard nothing about the will from my brother who is executor, what do I do now?

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My father died andI have heard nothing about the will from my brother who is executor, what do I do now?

My father died less than 2 weeks ago. I understand my brother is “handling the legal papers”. Left him 2 messages to call me so I can give him contact info/address info should I be a beneficiary. Have heard nothing for over a week. Called Clerk of Court in the city dad died in, no wills have been reported in his name. Also, I rarely communicate with my siblings, as they are very loath to share info and there is just not a very good relationship between us. My mother will be no help, she shuts down emotionally, is elderly. What do I do next? How do I see if I’m a beneficiary?

Asked on October 14, 2010 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to give this a little more time. In VA, there is no set time period in which a Will must be probated, although it is recommended that the initial steps in the estate process start within 30 days after death.  However, the fiduciary must give written notice of probate to the beneficiaries of the estate within 30 days after it has been filed. At that point, as you seem to be aware, the Will becomes a matter of public record and can be viewed by anyone.  If any questions exist, call your attorney or the Circuit Court Clerk's Office then.


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