Legal Question in Wills and Trusts in Virginia
Father died intestate
My father died in May intestate. My step mother has not paid the mortgage on the house and it's going to foreclosure sale 12/26/2007. There are 4 of us daughters from a previous marriage. She has refused to keep contact with us. There is property inside the house worth approximately $25-30K. Aren't we due 2/3rd of this property? How do we go about handling/getting this?
1 Answer from Attorneys
Re: Father died intestate
Yes, if the surviving spouse has not applied to be appointed the personal representative of her deceased husband's intestate estate, either you or one of your siblings should apply to the probate court in the jurisdiction where your father died to be so appointed.
But, if your stepmother has been appointed but for whatever reason she is not performing her duties under this appointment, then either you or one of your siblings should be petitioning the court to have her replaced by one of you.
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