Manassas, VA asked in Probate for Virginia

Q: father & Step mother both passed away but my half sister is only probating her mother's estate. Is this legal?

Dad died November 26, 2016, Step-Mother died February 9, 2017. Half sister claimed she could find no wills for either of them, then found unsigned will from her mother and now says she has a "found " a signed will. Would me (living in Virginia) filing probate for my dad stop the probate proceedings currently in process for my step-mother?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: A couple of things:

If your dad died first with no will, the laws of intestacy would apply which in MOST states would mean your step mother would inherit much of his estate.

The laws of the State YOUR FATHER lived in at the time he passed would apply, and that would also be the correct state to file probate in as well.

You REALLY need to consult with an attorney in the state where your father lived to understand what you should be doing or not doing here! There is no one simple answer, and there are not enough facts here to determine the appropriate course of action.

Seek local legal help!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

John Andrew Maghamez
John Andrew Maghamez
  • Probate Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: You need to speak to an attorney

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