Q: Probate law for Virginia. Do I need to hire an attorney to collect what I was owed by the estate?
A close friend and business associate recently past away and his brother is the executor of the estate. I have attempted to contact his brother many times over the past few months. At first he was communicative, but now he will not respond to email or telephone calls. Our business interests were not massive, in total only about $13K. We also have joint "ownership" of a design patent and other business materials. I also got a copy of the will that was filed and it seems a little suspicious. All I want is to receive my proper monies owed and release from the estate regarding the business aspects (such as co-owner of the patent) and have everything properly/legally finalized. I have searched the internet on probate information for Virginia, but parts are confusing and there does not appear to be any "forms" for such issues. Also, if I were to hire an attorney, would I be able to collect costs in being forced to take this action? Thank you.
A: You need to file and pursue a claim timely or it is lost forever. The deadlines are strictly enforced. The effect is complete. I know if no basis for you to collect attorneys fees for pursuing your claim. You need to consult with counsel immediately.
Ross Cameron Hart agrees with this answer
A:
In Virginia there are time periods and priorities for payment of estate obligations. With some exceptions I advise my fiduciary clients to wait a year before paying most claims in an estate. To protect yourself you can file a claim with the court where probate is pending - the claim is filed with the Commissioner of Accounts for that court under Virginia Code 64.2-552, here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-552/
Should you hire a lawyer? Having someone who knows the process is always a good idea. Can you recover your fees paid to a lawyer? it's doubtful.
1 user found this answer helpful
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