Midlothian, VA asked in Family Law and Probate for Virginia

Q: My father died over two years ago. My brother is the executor. He is not communicating with me anymore.

I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?

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

A: The short answer is, yes, you need a lawyer. There are things your brother may be manipulating, and you need to see the accountings and inventory.

Nina Whitehurst agrees with this answer

Dominic Paul Lascara
Dominic Paul Lascara
Answered
  • Probate Lawyer
  • Chesapeake, VA
  • Licensed in Virginia

A: You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor. You may also want to reach out the Commissioner of Accounts that is supervising this matter. The Clerk's Office should be able to provide you with the information, but it should also be on the initial Notice your brother sent you when he qualified.

Good luck!

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