Heres a situation. Someone dies in Virginia, the will says its to be divided into 6 parts. Can the executor change it to 10 cause he wants a few other people to get some money?
The will states that if the person who died's own children are deceased then their spouse doesn't get it but the children (her grandchildren) does. But the executor wants to divide it so the spouse is included equally.
We think the will should remain 6 parts. If the grandchildren want to share it with their Mom or Dad then they can.

My fam and I want to make sure the executor (who is our brother) does not change it. It should be divided into 6 and 6 only just like the will states. Any thoughts on this? I know Va law is difficult with an estate. Anyone know where I can find out some info?
Thanks
I hope this makes sense.

No, an executor cannot change the specific terms of a will without being held in breach of their fiduciary duty under the law. Your brother would be immediately liable for various claims against him and you have legal recourse to claim compensation or adjustment (and it would be your brother responsible for satisfying any judgements at that point..not the estate, per se)

I agree with Gilligan. I wonder does the term "Per stirpes" included in the will help?

Per stirpes - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Per_stirpes)

Heres a situation. Someone dies in Virginia, the will says its to be divided into 6 parts. Can the executor change it to 10 cause he wants a few other people to get some money?
The will states that if the person who died's own children are deceased then their spouse doesn't get it but the children (her grandchildren) does. But the executor wants to divide it so the spouse is included equally.
We think the will should remain 6 parts. If the grandchildren want to share it with their Mom or Dad then they can.

My fam and I want to make sure the executor (who is our brother) does not change it. It should be divided into 6 and 6 only just like the will states. Any thoughts on this? I know Va law is difficult with an estate. Anyone know where I can find out some info?
Thanks
I hope this makes sense.

Final wishes are Final wishes; inherent in the term "Last Will And Testament" and should be followed to the letter. I would think that the only say VA has is, 'you have to pay taxes on any money or property you receive; and THAT is wrong on SO many levels too.

Spend it all before you go, that way a bunch of turkey buzzards won't be squabbling over your corpse.

Spend it all before you go, that way a bunch of turkey buzzards won't be squabbling over your corpse.

:bonk:






:lmao:

Spend it all before you go, that way a bunch of turkey buzzards won't be squabbling over your corpse.

No kidding. People act like a pack of rabid dogs when someone dies and leaves something behind. I've even seen it happen over personal belongings.

I have an older brother and a younger sister. My mother made me the executor because my brother keeps saying that he believes that when Mom dies the inheritance shoudl be divided 50/50... 50% to the males and 50% to the females...:doh:

I have an older brother and a younger sister. My mother made me the executor because my brother keeps saying that he believes that when Mom dies the inheritance shoudl be divided 50/50... 50% to the males and 50% to the females...:doh:

and that probably makes perfect sense to him.

When my mom died, she didn't leave a will. I could have taken everything, but I felt that her belongings, home and all, should go to her brothers. They were the people who put money into the house and helped her out financially. My uncles asked what I wanted, and I told them "nothing".

They ended up giving me her jewelry, and a share of the profits from her tiny house, but I would have been fine with it if they hadn't. I just don't understand the whole war between family members when someone dies. It's just not important to me. I'd rather have my loved ones.

When my father died and I was the executor, everything I did had to go through the lawyer anyhow, so I couldn't of changed anything even if everybody had wanted me to. This was in Nebraska, but I think the laws are very similar just about everywhere.

When my father died and I was the executor, everything I did had to go through the lawyer anyhow,.

Very good point!..few states, if any, actually require that a lawyer probate a will..but few wills are probated without the assistance of one simply because of the risks of a misstep that could come back to haunt the executor.

Heres a situation. Someone dies in Virginia, the will says its to be divided into 6 parts. Can the executor change it to 10 cause he wants a few other people to get some money.

He can do anything he wants with his 1/6 share but if the will says a 6 way split it's a 6 way split

thatz Y U choose a trusted executor.



exactly ^ there. 2fold reply. easy to probate. bottom line, after the fact, there`s no "reaching up outta the grave" clause in any will. dang, toldja to do that. 2 l8.

There you go, that's clear as mud

and that probably makes perfect sense to him.

When my mom died, she didn't leave a will. I could have taken everything, but I felt that her belongings, home and all, should go to her brothers. They were the people who put money into the house and helped her out financially. My uncles asked what I wanted, and I told them "nothing".

They ended up giving me her jewelry, and a share of the profits from her tiny house, but I would have been fine with it if they hadn't. I just don't understand the whole war between family members when someone dies. It's just not important to me. I'd rather have my loved ones.

It happens when people are alive as well. I will be the executor of my mother’s estate. My father passed a few years ago and left her without a financial worry. None of my siblings have financial problems.

My mother recently set money aside for the education of her grandchildren in the form of a trust. When she met with us and told us about this, she also informed us that more than half of her estate would go to charity when she passes.

I was shocked that one of my siblings became very angry at this. I thought it generous of my mom to take care of the grandkids and it isn’t like she is cutting us out completely. My sibling tells me that she can barely stand to be in the same room with my mom because she feels slighted. It is a sad situation because I don’t think we have very much time left.

My sibling tells me that she can barely stand to be in the same room with my mom because she feels slighted. It is a sad situation because I don’t think we have very much time left.
Wow.

I was sitting with my mother in the nursing home a couple of days before she passed away and she told me she was sorry she was spending so much of my inheritance for her care in the nursing home.
I told her the best inheritance I could ever have was the example of a loving marriage and caring family she and dad showed me.

Then she said "You had us worried for a while on that one."

I have made sure that when I die, everything is already gone. Divided the way [B]I[I] want it, no fighting, no going back. It is absolutely disrespectful to dispute, in any way, the wishes of the person leaving their property, money (what they worked for) or stupid stuff they love and who they would like to have it. I want my loved ones, not their "things".

Then she said "You had us worried for a while on that one."

With recent "victories" for your cause, you might be able to get legally married one day. Liberals are really taking care of you guys.

With recent "victories" for your cause, you might be able to get legally married one day. Liberals are really taking care of you guys.

WTF? Drunk posting?...or?....

WTF? Drunk posting?...or?....No actually, if he was drunk he might start making sense......

I refuse to be an executor for anyone in my family because all that's left are BILLS!!! :whistle:

With recent "victories" for your cause, you might be able to get legally married one day. Liberals are really taking care of you guys.

Vagina fan :howdy:

.... but I'm flattered by your offer

I was executor for the will of a deceased in Virginia and everything in that state is pretty well court regulated. They are so strict that initially they were going to take the cash inheritence that was designated for children and place it in trust at a very low rate of return until the kids were 21. The court would maintain total control of the money. Everything and every transaction that related to the estate must be documented and regular reports must be turned in to the probate court with a balance sheet for all transactions. Everything must meet the conditions set by the will.