Check out some similar questions!

canton134 · Feb 17, 2011, 02:28 PM

My Mom pass away in VA. But in 2007 she sold her home in new orleans and I receive half of the sale.Presently I am still waiting to get the rest of her assets.I do not have $$ to hire an attorney so what are my options to get the rest of her assets.

joypulv · Feb 17, 2011, 02:44 PM

Her estate has to go through probate, so you find the probate judge for her locality. Start by asking her city or town hall clerk.
Much will depend on whether she left a will.
Without one, the court has to find all the family who are entitled to various fractions according to the law in VA.

AK lawyer · Feb 17, 2011, 02:45 PM

Originally Posted by canton134

My Mom pass away in VA. But in 2007 she sold her home in new orleans and i receive half of the sale.Presently i am still waiting to get the rest of her assets.I do not have $$ to hire an attorney so what are my options to get the rest of her assets.

Please accept my condolences.

It depends upon what the assets are and who is in possession of them. Did she leave a will?

AK lawyer · Feb 17, 2011, 02:49 PM

Originally Posted by joypulv

Without one, the court has to find all the family who are entitled to various fractions according to the law in VA.

The process is not necessarily automatic. It may be that nothing will happen unless OP asks.

And whether it is Virginia, Louisiana, or otherwhere depends upon where she was domicilded when she died. I understand that she died in Virginia. Did she reside there?

canton134 · Feb 17, 2011, 03:00 PM

Yes she live in VA. So she live in Gordansville Va. Which is orange county.. They have a court there in orange,va.. so I call the clerk there? I was trying to find a lawyer who does contingency cases but have not found one.. so I guess I have to do the work.. I live in Ga... Thanks for any help you can give me.

AK lawyer · Feb 17, 2011, 03:05 PM

Originally Posted by canton134

yes she live in VA. So she live in Gordansville Va. which is orange county..They have a court there in orange,va ..so i call the clerk there? I was trying to find a lawyer who does contingency cases but have not found one..so i guess i have to do the work..I live in Ga...Thanks for any help ya can give me.

Did she rent some place to live in when she died? Someone is going to have to go through her stuff and figure out if she left anything else of value: real property, automobiles, bank accounts, retirement death benefits, stocks, bonds, etc.

There may be an official in Gordonsville that takes possesssion of personal property (if for example she died in a hospital). Ask the court clerk.

joypulv · Feb 17, 2011, 03:18 PM

You still haven't said if she left a will or anything of value. You should do as much as you can by phone, and eventually you may have to drive up there. You have sort of jumped right over all the info about who handled her death certificate and burial or cremation. SOMEONE did if you didn't. Can't you talk to them? There are no relatives there? Getting your inheritance isn't always just sitting back and waiting for a check, and this isn't something lawyers take on contingency, especially if they have no idea of what assets there are.

canton134 · Feb 17, 2011, 03:20 PM

OK I got the clerk email and phone in Gordansville Va... Thanks for you help

canton134 · Feb 17, 2011, 03:23 PM

Yes she had assets... I have all bank statements, will and power of attorney.. is is okay I can drive there to see what I can do.. Thanks for you help

ScottGem · Feb 17, 2011, 03:33 PM

The POA expired with her so that's not good. What does the will say? Were you named as sole heir as executor?

It would helps us help you if you answer our questions.

canton134 · Feb 17, 2011, 03:35 PM

Yes I am the only person on the will

canton134 · Feb 17, 2011, 03:37 PM

The will she did was in 2000 and it was done in new orleans,La

AK lawyer · Feb 17, 2011, 03:39 PM

Originally Posted by canton134

yes she had assets...I have all bank statements, will and power of attorney..is is okay i can drive there to see what i can do..Thanks for ya help

If you are named executor (personal representative) in the will, one thing you should do when you get there is have her mail forwarded to you.

Filing with the court to "probate" the will may be necessary. When, however, estate assets are minimal, they sometimes can be collected by affidavit - saving the expense of probate.