Legal Question in Wills and Trusts in Virginia
estate and property fueds
My mother and father were both killed in a car accident. There are 4 children left. There is no will. But my sister and I were made the executive of the estate after death. Now there is fueding. They left 2 houses, both are owed on, a few cars and things like furniture. Everyone says this is theirs and you cannot have it. My oldest brother and I want to know if we can ask the other two to buy us out and if they refuse what happens? Can we make them put the properties, the houses, up for sell and split 4 ways after the amount owed is paid? What about the things like cars, furniture and so forth what happens to them?
2 Answers from Attorneys
Re: estate and property fueds
If you and your sister have been appointed administrators of your deceased parents' estate by the local probate court, then you jointly have the authority necessary to sell whatever assets are in the estate, if no agreement can be reached among the beneficiaries as to their disposition, and to split the sale proceeds among these benficairies after all legitimate creditor claims and bills attributable to the estate have been paid.
Re: estate and property fueds
If you and your sister have been appointed administrators of your deceased parents' estate by the local probate court, then you jointly have the authority necessary to sell whatever assets are in the estate, if no agreement can be reached among the beneficiaries as to their disposition, and to split the sale proceeds among these benficairies after all legitimate creditor claims and bills attributable to the estate have been paid.
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