Q: My mother passed, had no will, my sister was handling the estate. She works for a criminal attorney that is now handling
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are in this matter?
A: If you wish to be informed, you need to file the correct form, particularly if you previously waived notice. Paying a lawyer to coordinate this may be helpful.
In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.
There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation about your rights. Elder Law attorneys handle a lot of probate matters, and you can find one through the Virginia Academy of Elder Law Attorneys at www.vaela.org (use your zip code to find one near you)
As an heir or legatee you have the right to know what's going on. You may also be able to get some information from the Clerk of the Circuit Court where the estate is pending, or you can call the Commissioner of Accounts for that jurisdiction to see what paperwork has been filed.
But consult a probate lawyer.
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