Legal Question in Wills and Trusts in Virginia

Re: estate

It depends: How did she convey ownership? For instance, did she give your brother a deed that conveyed the house and its contents? Is there a will or other testamentary document? If so, those items may be covered under the document�s residual clause. On the other hand, if your mom died intestate (i.e., without a will), you have the option of filing a petition in the probate court in the county where the house is located wherein you can ask the court to administer your mom�s estate. This, however, is a last resort when all lesser means have failed.

I suggest that you sit down with your brother and try to discover what your mom meant to give him. Further, I�d steer clear of a discussion of �why� your mom gave him the house as this discussion is sure to be unproductive. If nothing else, you will hopefully find out what (if anything) your mom reduced to writing. This may save you a trip to court and avoid any further family devastation. I am sorry for you loss. Best wishes.

Re: estate

Most likely yes, unless there are items in the house which were left to someone else specifically in her will, such as jewelry, a car, etc.