Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat
Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action
A: AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so you'd probably be best served by making an appointment with a real estate lawyer who practices near you.
A:
The personal representative of an estate is either an executor or an administrator. An executor is named in the will or an individual who qualifies for the role when the named executor declines or is unable to exercise that role, or the will fails to name an executor. The successor executor is an executor cta, cum testamento annexo Without a power of sale expressed in the will, or a power of sale obtained by court order in the case of an intestate estate, the personal representative does not have the right to sell real estate.
Real property devised in a will to particular devisees makes them the new owners, so there is no need for involvement by the executor in the transfer. With an intestate estate, the real property "drops like a stone" into the names of the heirs at law, so they become the owners with the death of the decedent.
A co-owner of real property may file a partition suit in Virginia to force a partition or sale of the real property and a division of the proceeds.
Anyone interested in a partition of inherited real property should consult with an experienced Virginia probate lawyer or real estate lawyer.
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