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How should I respond to a Warrant in Debtinue regarding an asset of my deceased father? Is this a probate matter?

Winchester, VA |

My sister filed the Warrant in Debtinue for an ATV left by my father on my property. He died intestate but she has been appointed personal administrator. I have sent her a letter telling her I will offer her $1000 for the ATV or she can pick it up. Can she sue me for the item when the estate has not been settled?

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Attorney answers 2

Posted

I am not a VA attorney but there is a similar procedure in most states regarding probate. The thing is, its not your property so you can't keep it. If she is administrator it is her duty to recover the property and absent other facts I don't think you can keep it. Perhaps VA attorneys will chime in...

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Posted

More information is needed.
Did the warrant indicate the probate court
or small claims court.
Was she trying to recover for herself or the estate?
These facts would make the answer obvious.
You should have a VA attorney advise you further.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Asker

Posted

It is in small claims court not in probate & states the reason is for reimbursement for the funeral expenses. I have been told by my attorney (who doesn't think she needs to represent me for the issue because "it will cost a lot of money" that I should ask for a bill of particulars. What does that mean? Should I find an attorney interested in the case?

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Yes-find a VA attorney and analyze the cost/benefit.

Asker

Posted

I am sure the estate will be insolvent and I have offered to pay $1000 for the ATV or she can pick it up. What can they sue me for after that? I can't justify spending thousands of dollars for an insolvent estate if the law states the funeral expenses are paid by the estate itself not an individual heir.

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