Midlothian, VA asked in Real Estate Law and Probate for Virginia

Q: How can we sell my mother's house when one of the coowners on the deed died before signing off on the deed?

My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin Islands. It seems likely to be delayed in that system for years. She and all children are in full agreement that the house should be sold, but until she is actually named executrix and can sign off on the deed, we cannot proceed. Is there a way for us to move forward?

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1 Lawyer Answer

A: With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court can approve the sale of the deceased child's share of the property can be paid into court until the resolution of the Virgin Islands probate courts.

Ross Cameron Hart agrees with this answer

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