Frequently Asked Questions

A. Generally speaking, if the Will is valid and you can serve, it could be extremely difficult and costly for someone to try to prevent you from being appointed. There are circumstances in which a named Executor will not end up serving as such, and we certainly can discuss this with you if there is concern.

A. If you will be required to post a bond “with surety,” a bankruptcy will present difficult challenges. Why? Your credit must be acceptable to the insurance company that issues policies for Executors. If your credit is not acceptable due to bankruptcy or other problems, you could be unable to serve as Executor. Counsel can assist in resolving this kind of difficulty.

A. The conservator is the person or agency that handles the finances of the incapacitated person, reports to the Court every year and generally manages the money and property of the incapacitated person. The conservator must post a bond

A. This is a lawyer who has had special training and certification by the Virginia Supreme Court. The guardian ad litem is responsible for protecting the “best interest” of the allegedly incapacitated person. He or she also is expected to ensure that the case is properly before the Court, perform an investigation, file a thorough report with the Court and appear at all hearings in the case.

A. The guardian does not have the authority to handle money and property.

A. No. Any appropriate person or agency who is deemed to be fit for the job may be appointed.

A. The guardian must file annual reports with the local Department of Human Services. He or she must respond to the Court if any irregularities are suspected.

A. The laws contained in Virginia Code Title 64.2 direct the proper application of assets to debts, and the law also establishes “who gets what” once all debts have been paid. Sometimes relatives who never even knew the decedent end up inheriting the estate simply because there was no Will.

A. Yes. If he was appointed by the Court in anything other than a “small estate,” an inventory and annual accountings must be filed with the Court through its Commissioner of Accounts.