Local, National Advocates Call for Probate Reforms in Virgin Islands

Panelists discuss the challenges families face in meeting obligations tied to family property. (Source photo by Judi Shimel)

Families who find themselves living in homes and on land passed down from elder relatives sometimes find themselves facing financial and legal obligations they did not expect. Representatives from the American Association of Retired Persons recently held workshops on St. Croix and St. Thomas to discuss ways to make the probate process manageable for the average Virgin Islander.

That was the goal of the Elder Justice Summit held Thursday on St. Croix and Friday on St. Thomas. It was the second in a series of forums designed to help seniors, families and caregivers preserve their property, understand the laws governing that property and promote housing stability.

Those who joined the conversation heard from legal experts, private practice attorneys and staffers working with the 36th Legislature. They also heard about proposed reforms to Uniform Laws that may make the local probate court easier to manage. A representative from the Uniform Law Commission appeared at Friday’s forum, telling attendees about work underway with AARP-VI and the Legislature to improve the probate process.

Two pending bills – Nos. 36-0097 and 36-0277 seek to add more probate judges and reform the local probate code.

Featured speaker Tina Smith Nelson shared stories from Washington, D.C., where the Legal Counsel for the Elderly is helping legacy homeowners update deeds and property documents. Nelson serves as a senior managing attorney for the counsel, an affiliate of the national AARP.

Pamela Toussaint, director of advocacy for the local chapter, served as moderator. As the summit wrapped up after the two days of talks, she encouraged stakeholders to support ongoing efforts.

“It cannot remain (as the) status quo; it cannot stay how it is right now,” Toussaint said.