Legal Question in Real Estate Law in Virginia

Personal property

Five heirs inherited the real and personal property of my mother's estate. A brother bought the real property,and he also wanted to buy the personal property, but nothing has ever been settled on concerning the personal property, yet his lawyer took it upon himself to accept a check from my brother for the appraised value of the personal property and distribute it to the heirs. Before he can distribute money to the heirs, doesn't the money have to go to the estate and then be distributed? I have not signed anything agreeing for my brother to buy the personal property as there are several items that I wish to buy, to which he will not agree. Can I force a public sale of this personal property. Thank you.


Asked on 6/25/04, 10:20 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Personal property

Personal property passes to the estate and must be distributed or sold by the executor/administrator. Any disputes are resolved by the probate court. Proceeds of sold property have to be paid to the estate, and creditor claims, costs of administration, etc., have to be paid before the property is distributed to heirs.

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Answered on 6/25/04, 10:36 am


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