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Can anyone direct me to VA code which specifies the manner in which notices must be made to minors who are parties (potential heirs) in a probate case? IOW, can the minors (14 & 17) be sent notices directly, or must they be addressed through their parent as personal representative? I've been looking for a couple of days, and can't seem to find where it is addresed. Thanks!
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Do both, CYA. I've had a judge lecture me because I did not notify my client, the pr by reg, return receipt mail. j. Upon re-reading, I would mail to them and to their parents for them, usual way of notification of minors. BTW, how did minors, whose parents are alive, become "potential" heirs. They either are or are not. If they are listed in the will, then they are heirs. If intestate, how would they be heirs if parents are alive? j. nospam@thanks.not wrote:
Can anyone direct me to VA code which
specifies the manner in which
notices must be made to minors who are parties (potential heirs) in a probate case? IOW, can the minors (14 & 17) be sent notices directly, or must they be addressed through their parent as personal representative? I've been looking for a couple of days, and can't seem to find where it is addresed. Thanks!
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On Mon, 11 Oct 2004 16:20:33 GMT, Say not the Struggle nought Availeth <nospam@nospam.net> wrote:
Do both, CYA. I've had a judge lecture me because I did not notify my client, the pr by reg, return receipt mail. j. Upon re-reading, I would mail to them and to their parents for them, usual way of notification of minors. BTW, how did minors, whose parents are alive, become "potential" heirs.
You made an assumption there.
They either are or are not. If they are listed in the will, then they are heirs. If intestate, how would they be heirs if parents are alive?
It is intestate, and they are the surviving children of the decedent's eldest child, who died several years ago.
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On Tue, 12 Oct 2004 00:01:13 -0400, Bob Lee (nospam@thanks.not) wrote:
On Mon, 11 Oct 2004 16:20:33 GMT, Say not the Struggle nought Availeth <nospam@nospam.net> wrote: You made an assumption there. It is intestate, and they are the surviving children of the decedent's eldest child, who died several years ago.
In that case, they would be due their parent's share of the estate, apparently per stirpes. They stand only behind a surviving spouse in the order of intestate succession in Virginia. I don't know about Virginia probate when a minor stands to inherit. In California, you'd deal with the minor's guardian, who would take as custodian for the minor under UTMA. -- Not a lawyer, Chris Green
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