Hello Bradford97:
Please accept my condolences on the loss of your Grandmother.
Please note the Important Disclaimer at the bottom of this page,
"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice." The answers you
receive are general information.
You didn't mention the value of the estate, so the following
information is in regard to estates valued over $15,000 when the Will
is admitted to probate.
Whether or not the Will grants discretionary powers to the executor of
the Will, the Commonwealth of Virginia requires the executor to "well
and truly" administer the personal estate of the decedent.
"§64.1-139. Duty of every personal representative.
Every personal representative shall administer, well and truly, the
whole personal estate of his decedent."
- http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.1-139
In addition, there is a provision concerning the waste of any of the
personal property under §64.1-145 which provides for action at law
(that is, to sue) for such waste:
"Any action at law for damages for the taking or carrying away of any
goods, or for the waste, destruction of, or damage to any estate of or
by the decedent, whether such damage be direct or indirect, may be
maintained by or against the decedent's personal representative."
(§64.1-145)
- http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.1-145
And §26-29, "Who may insist or object before commissioner", gives you
standing to object to the inventory (including the sale price, sans an
appraisal).
The procedure for doing so is to file a motion objecting to the price
of the asset. You are required to notify all interested parties, and
the Court will have an up to date list of interested parties as
creditors file any creditors claims.
An alternate suggestion:
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Instead of formally objecting, you might want to privately contact the
executor and suggest he get an appraisal or purchase the asset at fair
market value in order to avoid complications. If this doesn't produce
the desired results, you can contact the other heirs about the matter
and see how they feel.
It usually causes more problems than it may solve by formally filing
an objection, and can avoid a lot of ill will in the family.
No substitute for professional consultation
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I redirect your attention to the disclaimer. If you are talking about
a substantial amount of money, there is no substitute for consulting
with an attorney on the matter. A phone call on procedural matters can
often result in your objectives without creating either needless delay
or other problems.
A reminder that if the executor wins permission, you may be
responsible for the resulting costs, if any. There really is no
substitute for professional advice, and you will at least have sound
legal advice on the feasibility of bringing such an action.
I hope things work out for you,
Serenata |
