Leesburg, VA asked in Probate for Virginia

Q: Aunt's estate going through probate and has only two living sibling. no spouse and no children. Will before Nov 2020.

Estate includes condo that has sale pending. Executor wants to "gift" living siblings their portion before the sale is closed. My mother is one of the siblings. We have had not contact from executor or attorney before this. Not sure how far along in the probate process they are. Is this "gifting" allowed under Puerto Rico law? Can we ask to see all documents relating to the probate?

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

A: A probate estate is administered in the state where the decedent last resided prior to his or her death. In Virginia, this does not necessarily include a nursing home or hospital where the decedent last lived. Residence is more than a physical presence in a given locality; it is the place where a person intended to live for the indefinite future, and not as a temporary sojourner. It is the place one considers home, where one pays taxes, has bank accounts, and has one's driver's license or walker's I.D.

Anyone with an interest in an estate subject to probate should consult with an experienced attorney in the jurisdiction where the decedent last resided.

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