My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators are left?... Read more »
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... Read more »
Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to file a...Read more »
Grandma was sick and stayed with daughter in NC a few months b4 her death in NC. Do you have to probate both states, if Grandma was just there temp due to sickness. Executor died and no co-exc named in will, however; Grandma's will states heirs split property equally. What are the next steps to... Read more »
If Grandma was a resident of Virginia, as can be shown by a variety of indicators, like where she had residential property, where she had a driver's license, where she paid utility bills, etc., then the probate is where she resided. Temporary residence during a terminal ailment doesn't change...Read more »
You may not have many rights, at all. Your phrase 'only one on her will' doesn't give me guidance: is she the only person named to inherit grandmother's property, or is she the named executor? Does the executor have authority over the real estate.? What does your...Read more »
You have not provided any facts in order for us to review your question in context with the estate. Was there a will? What did it say about the property? Were there any other assets distributed other than real estate?
And there is no official named "Probate Judge" in Virginia, but that's...Read more »
My grandfather passed away in late 2019. His will says that all belongings should be divided equally between the 4 children. My uncle is named executor but he has yet to file the will into the probate court. Can he try and sell my grandfather's home to a family member for half of fair market value... Read more »
In Virginia, real estate passes outside of probate. If the unappointed executor is acting in derogation of the Will, and the Will has not been filed, you need to file the Will and move to appoint an Administrator cum testamento annexo (c.t.a.). This needs to happen now and it wouldn't be a bad idea...Read more »
Most real estate financing in Virginia is secured by a deed of trust rather than a "mortgage", although that term is used in a general sense for any loan secured by real estate. Title is determined by the deed and the chain of title, not who may or may not be liable on the note secured by the deed...Read more »
It is probably a good idea to review the facts with a lawyer. It might be that your brother had the right to do that, or he might have been abusing your mother by stealing her money and stealing from the estate. You may be able to collect it back from him or take it as a credit against his...Read more »
left my grandmother house to her husband. I've been asking him for it for 2 yrs for the house & all he says is let me think about it. Is there I way I can get my gma house from him? We live in VA but the house is in NC.
You need to review each of the estate's before reaching a conclusion. Some things are clear from your recitation of facts, however. The house no longer belonged to your grandmother by the end of 1998. If she didn't have a Will, the house then belonged to whomever was named as a successor in the...Read more »
You do not indicate in your question whether your father died testate - with a will - or intestate - without a will, whether his surviving spouse is claiming any statutory rights to his augmented estate or family residence. I would assume he died with a will because you do not recognize any rights...Read more »
If your father died without a will, then his children should have inherited about 2/3 of his estate at that time. If you did not inherit anything, then either he had a will leaving everything to his wife, or his estate was not probated, or his estate was probated and there was fraud on the court....Read more »
If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer...Read more »
Grandparents passed with a will stating equal distribution among the surviving children. One of their children passed without a will. Sale of grandparents real estate to be divided among children of the recently deceased. Fathered a child outside of wedlock. Child was left out of listing of heirs... Read more »
This is a somewhat complicated issue which should be discussed with an experienced Virginia probate lawyer with the benefit of an illustration of the family tree. Generally, a child or descendant of a child, born out of wedlock, has the essentially the same rights as an heir as the other children...Read more »
They knew about me and my father's septic business, but they never mentioned neither in their probate process.i just found out today that they are listed the only two heirs and his wife who is not either of our parents just passed away 4 months ago.
If your father died without a will, yes, that is fraud to mention fewer than all of your father's children, unless he relinquished his parental rights sometime in the past (for example, gave you up to be adopted by someone else).
If your father had a will but disinherited you, you should...Read more »
I am very sorry for your loss. Without a spouse, siblings or children, his estate must be distributed to his parents' kin, half to the paternal side and half to the maternal side. Girlfriends and boyfriends never inherit under any state's laws of intestate succession. He would need to have...Read more »
I have sent my aunt the paperwork from the courts and the renter of the house by certified mail. They have not abided by the court papers and sent me any info or rent money for the house. The rent we believe is still going to my aunt who is not executor or administrator to the estate . Can we go... Read more »
I think I answered this one before. You have a duty assumed in your appointment as Administrator to marshal the assets, and that means using the power of the court to determine what is going on. Whether you do that by discovery in a chancery case or show cause orders or other motions depends upon...Read more »
My uncle passed with no will. My aunt and my mother are only surviving family . My aunt was the power of attorney before he died. After his death she sold property of the estate and gave other things away without consulting my mom. I became administrator of his estate. There is a house that is... Read more »
My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »
In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.
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