Legal Question in Family Law in Virginia

Minor child

I live in the state of Va. my brother

died in 2007 without a will. He has a child with a women who he never married. According to Va law everything go to his 12 yr old daughter. I was made the administrator of his estate. From what I understand I can not sell his house, but it still has a mortgage, will have to rent it out and set up a Trust account for rental. The proceeds will stay in the trust until the daughter is of age? Or what do I do with this house?


Asked on 1/09/09, 5:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Minor child

I would suggest that you arrange for a consultation on this matter with a local probate attorney who has experience in dealing with beneficiaries who are minors and who are eligible to inherit real property, and who should be able to advise you, accordingly.

(Personally, I see no reason as to why the house itself could not be sold if the right offer were received, and the proceeds from the sale placed in the trust account established for the benefit of the minor child beneficiary.)

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Answered on 1/11/09, 4:35 pm


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