Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?
Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died family took everything gave my kids nothing.They are very greedy people I really need help getting my kids what they deserve.Grandma loved my kids and definitely would want them to have what they deserve! I am in Virginia they are in New York what do I do and what kids of Lawyer do I need.They are going to put up a fight but I am ready for it I even tried to give him the opportunity to respond to me but nothing.He has all control of her money and is giving his kids but not mine.Her money should have went to her kids since one had passed it should go to mine because it’s their dad and it is in her will.
A: In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your concerns.
If the Will is valid, then the provision of the will should control. If the Commission of Accounts does not assist you, then one or more of the adult children can file suit as a beneficiary seeking an (1) accounting; (2) an action for breach of fiduciary duties against the executor; and (3) ask the court for a declaration of their rights. If the Uncle never qualified as executor, then somebody should seek to qualify. If the children are all minors, then suit may be filed for them by a adult person acting as "next friend" The funds for the children will be paid in trust to an adult person for their benefit if specified in the will or to the court until they become adults. Find an attorney who litigates estate issues.
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