Fairfax, VA asked in Probate for Virginia

Q: My mother died in December of 2018. She did not have a will. She instructed all 6 kids that my middle brother was to be

Over her affairs. My son and I along with my mother’s youngest son were living in the home at the time she passed. The youngest son is not working and I have been paying all the bills and taking care of all the maintenance of the home. He has had opportunities to work and not gone. Can I legally put him out because he is not paying any bills and there is still a mortgage on the house, light and water bills house insurance and etc.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Probate Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: If a Virginia resident dies intestate, without a will, his or her real property "drops like a rock" into the names of the heirs as owners. A real estate affidavit may be filed to give public notice of those owners in coparcenary, now tenants in common. Co-owners of property have equal rights to and responsibilities for the property, which might be enforced by an action for an accounting in court. No co-owner has the right to evict another co-owner, or take exclusive possession of the property without the consent of the others. An interest in the real property may be transferred or sold by or between one or more of the heirs. Any co-owner can file a partition suit to divide the property in kind, if possible, or force a sale and division of the proceeds.

You should consult with an experienced Virginia probate or real estate lawyer to discuss your options and the best course of action.

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