Q: My mother passed away in Virginia and have been told there was a will.
I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was changed while she had dementia. The main question though is what my rights are to see that will.
A:
One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make a copy of the original and give the original to the testator for safekeeping or future revocation. It is often advisable for any testator to provide his or her heirs or beneficiaries with a copy of the will, so they will know that one was made. There is a presumption in Virginia that a lost will has been revoked by the testator. It is a crime in Virginia for someone in possession of a will, other than a testator, to refuse to disclose its existence, or to destroy it.
Anyone with an interest in an estate in Virginia should consult with an experienced Virginia probate lawyer.
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