Asked in Real Estate Law for Virginia

Q: Can I sell my decease father house if I am the administrator without having my siblings sign the paperwork as well.

Because the mortgage company lawyer says my name is the only one on it.

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: In Virginia, the title to the house passes outside of probate subject to recapture by the Administrator if the sale is needed to pay debts, including distributions. Your safest bet is to put on a motion and get the court to approve a sale. You can then sign for it.

An attorney would make this much easier and can be paid out of the sale,

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: What does your lawyer say? Don't have one? Get one for advice. Estate administration has a lot of traps that can cost the fiduciary (executor or administrator) money from their personal assets if handled wrong. In this case, while you gave very little information, you used the term 'administrator' which indicates there is not a will. This means that all heirs at law (children, and if a child is deceased their children) all own the property and have to sign to convey it. Mortgage companies are remarkably stupid - and sometimes their attorneys aren't much better. If you need to sell the property as part of administration of the estate, you absolutely need a lawyer to go to court and get you the authority under 64.2-105 of the Virginia Code - authority you do NOT have under the very limited facts you presented.

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