Legal Question in Wills and Trusts in Virginia
if a brother and a sister inherit a home when there mother dies and she is named the executor and he the administrator, can she kick him out of the home or force him to sell?
1 Answer from Attorneys
There's something wrong with the facts as stated. An estate is taken through probate via a "personal representative" -- if there is a will, the personal representative is called the executor of the will; if there is no will, the personal representative is called the administrator of the estate. I can think of no circumstances where an estate would have an executor and an administrator.
Addressing the home issue, if brother and sister are co-owners of the home, neither can kick out the other, but a judicial process can be started which would ultimately put the house on the market for sale even against the wishes of one of the co-owners.