Waynesboro, VA asked in Real Estate Law, Estate Planning and Probate for Virginia

Q: can a financial conservator force me to take my deceased MIL's trailer?

The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what happens?

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to file a claim in the probate, and you might be better served to consult with a lawyer licensed in the state where the probate is occurring.

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

A: Under the facts you don't have to take the trailer (mobile home). It sounds like the conservator is trying to conclude the conservatorship and no one has been appointed as administrator (or executor) of the estate, and there probably isn't enough money to justify doing that. The conservator does not have a duty to handle a deceased person's estate, and the conservator's authority ended with the death.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.