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Recovery of assets in Virginia estate
Anonymous6 views3 answers
A previous agent ( attorney-in-fact ) wrote himself cash checks. That power of attorney was revoked.
Can the executor now recover those funds under code 64.2-1615 ( restore value to principal's estate ) by asking for receipt / documentations without filing a lawsuit ?
Dear New Castle - I highly suggest that you at least consult with an estates lawyer, since your case involves many traps for the unwary. You can use the find a lawyer feature to locate someone near you. Good luck!
Stephen R. ZastrowGeneral Practice LawyerYoungstown, NY ·
Use a lawyer to help you. You have a legal and factual morass ahead of you if the decedent was taken advantage of by a former, trusted agent. Good luck.
Probably. There are steps that must be followed to get to that point, and a lawyer who knows those steps is essential. As Mr.Paulin says, there are traps for those who aren't used to this area of the law. I will also warn you that that type of action is expensive and if the agent doesn't have any money, even if there is a judgment it could be difficult to collect. A good lawyer will explore all the aspects of the case.
