This has been the roughest year yet for my family. My father passed away naturally March 16th, my fiancé's father committed suicide the day my father was being buried, and my fiancé committed suicide almost two weeks ago. We have a child together and lived together for almost 3 years but are not married. His family has a "sticky finger" problem and the law has already had to get involved to get our things back. The DAY we found out he had did what he did, they (his estranged sister and mother) were already taking stuff. I have an appointment to be probated on behalf of our daughter (because she is the natural heir) after the 60 days is up (he died intestate). His sister (I assume) is trying to apply herself. Is there any way that I can secure his belongings until I get probated? What are my chances? I have an attorney (top defense attorney in the state) assuring me that since I am natural guardian that there isn't any reason that I wouldn't get appointed. Sorry about the rant, it's just ironic how many people start to "show up" when someone passes. It's pathetic.

No legal advice here.

Probate is the process of changing legal title and ownership of the deceased property and belongings. His estate gets probated. You don't get probated. You can be appointed administrator of the estate.

You have the top attorney in the state and he can't tell you how to secure the personal property of the deceased.

Suggest that you inventory all personal property and physically secure all that you can. Then let it be known that you have that inventory.

See this web site.
http://www.virginiaestatelaw.com/mai...rocedure.shtml

First a top "defense" attorney may be the worst probate attorney ever, a defense attorney does criminal court, not civil. You need the best probate attorney around.

Why is his property not in your possession already ? But you will need court order

You ask the probate court to issue a temporary restraining order against anyone removing his things. And for permission to make an inventory.

I agree with Chuck, a Criminal defense attorney is not the best choice to represent you in a probate action.

Quote:

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Originally Posted by Fr_Chuck

First a top "defense" attorney may be the worst probate attorney ever, a defense attorney does criminal court, not civil. You need the best probate attorney around.

why is his property not in your possession already ? but you will need court order

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I answered this in another thread by the same OP and on the same subject.

Apparently the attorney is a self-proclaimed "top defense attorney". As noted, criminal (or whatever) defense skills don't really apply to probate. But OP doesn't need a probate "specialist" anyway.