Legal Question in Wills and Trusts in Virginia
We have an elderly aunt who lives in the Shenandoah mountains. She is 94 and has dementia. A cousin takes care of her everyother week on a Friday. She is for now healthy enough, our uncle did not leave a will. What will happen to her paid for house if she dies in the house? Will it go into probate and go to the state of VA? If she dies in a hospital, is the answer the same? She is not coherant enough to sign power of attorney or write a will of her own or to sign.
3 Answers from Attorneys
A family member or relative should petition the probate court to be appointed as a conservator for her financial affairs and, perhaps, guardian as well.
If there is no will when the lady passes from this earth, then, yes, whatever assets she may leave behind would be subject to probate as an intestate estate. (Whether she dies in her home or a hospital would be utterly irrelevant.)
A family member or relative should petition the probate court to be appointed as a conservator for her financial affairs and, perhaps, guardian as well.
If there is no will when the lady passes from this earth, then, yes, whatever assets she may leave behind would be subject to probate as an intestate estate. (Whether she dies in her home or a hospital would be utterly irrelevant.)
If she dies without a will, her estate, after payment of any debts, will go to her heirs, not to commonwealth of Virginia.
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