Need Advice again please Executor etc.

[sadlepenny]

What is the name of your state?
Virginia

This is my second post in this forum. You can go back and read the other information if you haven't.
Last I left this formum -- I was that after caring for my friend for 5.5 months the Step Brother moved in and practically threw me out ... I was named executor and had Power of Attorney for my friend. A week before she died, the brother hired a lawyer to come in and they drew up I guess a Codicil staing the step brother the Executor.
I saw my friend, practically had to break down the door as the friends of this brother were going to prevent me from seeing her.
She was almost comatose - 18th of Sept,... She wasn't able to speak to me.
She passed during that night....
The step-bro called me the next morning and told me that she had died peacefully. And he would notify me of when the service would be.
I never heard from him, had to find out from another source.
I just got a letter today stating that they recognized that I was invaluable to his step sister but she named him Executor and in order for him to FULFILL is position, he needs the original will. I do know where the will is...
What can I do? Can I DEAL and say I want to be Co-Executor and say that they did this under the law Title 33: Chapter 20 Improvident Transfers of Title, 1022. Undue Influence? Thanks and they want this WILL produced in 7 Days. I am thinking that the original lawyer who drew this up doesn't have a copy? Any help ASAP is appreciated!
sadlepenny

 

[las365]

How much money and/or property did your friend leave you in the Will? You need a consultation with an experienced probate litigation lawyer to decide what your course of action should be.

 

[FlyingRon]

Sitting on the will is not the answer. It will leave you on the short end of the stick. Friends get squat in intestate succession.

 

[sadlepenny]

Morphine induced ?

Well being 6 days before she passed she was morphine and phentenol drugged, she made her STEP BROTHER the executor? Doesn't seem right or like it should legally hold up in court, he's not BLOOD related... so basically he's just a "friend."
Why can't I just file WILL with Probate since I am still Executor?

 

[Dandy Don]

You may still have power as executor but you need to consult a probate attorney to get professional advice before you proceed. The codicil, if written incorrectly, may be invalid and may also be invalid if you have medical records that can prove she was under the influence of medication that would have affected her judgment at the time she made it. The fact that he is not blood related is not relevant to anything.

Have you checked the status of her assets (bank account, etc.) since she has died? Your power of attorney expired when she died but you need to see if brother has made efforts to claim anything to put into the estate? Check at the county courthouse to see if he or anyone else has filed anything to open up probate yet.

DANDY DON IN OKLAHOMA ([email protected])