Elkridge, MD asked in Probate for Virginia

Q: If my brother and sister didn't mention me in the probate process and listed that they are the only heirs,is it fraud

They knew about me and my father's septic business, but they never mentioned neither in their probate process.i just found out today that they are listed the only two heirs and his wife who is not either of our parents just passed away 4 months ago.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: If your father died without a will, yes, that is fraud to mention fewer than all of your father's children, unless he relinquished his parental rights sometime in the past (for example, gave you up to be adopted by someone else).

If your father had a will but disinherited you, you should have been notified as an heir at law, but they did not need to list you as a beneficiary of his will because you were not a beneficiary of his will (in my hypothetical example).

All of which is to say, it depends, and you should have your situation reviewed by an attorney.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Probate Lawyer
  • Salem, VA
  • Licensed in Virginia

A: Yes, absolutely. And there is a time clock ticking. You absolutely need a probate lawyer - preferably one who can litigate (sue). This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

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