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Questions Answered by Karen L. Rowell

3 Answers | Asked in Probate for Virginia on

Q: VIRGINIA. Son dies intestate. No administrator declared. Mom heir of succession. She dies in July with Will. Now what

My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »

Karen L. Rowell answered on Aug 15, 2019

Your fiance's estate would be administered as usual, except instead of his mother being his intestate heir it is now her estate since she survived him. His debts are his debts, they don't transfer to her estate. Once the debts of his estate have been paid and final distribution is made then the... Read more »

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1 Answer | Asked in Estate Planning for Virginia on

Q: I live in a. and my brother died without a will. I need to become personal representative to open an estate checking acc

Estate is less than100,000

Live in Va. brother died in Hawaii.

Karen L. Rowell answered on Mar 11, 2019

You will need to contact the Court Clerk in the jurisdiction in Hawaii where he died and go there to qualify on his estate. You will need a certified copy of his death certificate. You should be able to reimburse yourself out of the estate assets for expenses incurred in the administration of the... Read more »

1 Answer | Asked in Estate Planning for Virginia on

Q: Can an executor of a will sell a house under his control for $1.00?

My brother-in-law was an abusive, substance-abusing man who was not involved in the first 20 years of his daughter’s life. Ten years ago, after being diagnosed with a terminal illness, he decided he wanted to be a ‘father’ to his daughter. He told his disabled daughter (unable to work due to... Read more »

Karen L. Rowell answered on Mar 11, 2019

To sell the house for less than it's value would be a breach of fiduciary duty. However, if the other beneficiaries disclaimed their shares it would pass to whoever would take if they had predeceased, which could result in a larger share, or perhaps even the entire interest, passing to the... Read more »

2 Answers | Asked in Estate Planning and Probate for Virginia on

Q: Can the court clerk decide to not appoint the executors as listed in the will and put all heirs on property deed?

We have one heir who probably won't sign papers for even distribution of property. Is there is an advantage here for co-executors to be appointed as listed in the will to avoid this one estranged heir and decide the outcome for the property?

Karen L. Rowell answered on Feb 25, 2019

The Clerk cannot refuse to qualify the Executors named in a Will admitted to probate if they meet the requirements for surety, but that does not answer your question regarding real property. The Executor doesn't automatically have authority over the real property. The Will acts as a deed to... Read more »

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