Roanoke, VA asked in Landlord - Tenant and Probate for Virginia

Q: Can landlord keep next of kin off property after a death for next of kin to appraise property?

My father lived in a house owned by his former MIL and worked the farm for her. His 2nd wife passed away in 2000 and he continued to live on property until his death last week. He had lived there since 1987. He remarried in 2008. My former MIL is not allowing anyone, including my stepmother, myself and my sister on the property. We need to appraise multiple cars, farm equipment, farm animals, etc. Can she keep us off the property? There is some farm equipment that is her's, but most of the stuff is my father's.

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: If she refuses to allow you in the property to have an appraisal performed, you will need to get a court order that requires her to let you on the property.

1 user found this answer helpful

Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: You need to get a local probate lawyer and file a motion seeking a court order in assistance of marshaling the assets. I don't think the local Commission of Accounts can help much once it is a dispute, but you might try calling there.

1 user found this answer helpful

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