Legal Question in Wills and Trusts in Virginia

Re: Forcing the sale of Property

The rules for intestate succession can be complicated. If there are disputes and the size of the estate are large enough an attorney is necessary.It seems that if there is no agreement on the disposition of the property a forced sale may be appropriate. My brother is licensed in Virginia. I can forward his contact information to you upon request.

Re: Forcing the sale of Property

It is not clear to me from your question whether your mother died as a citizen of Pennsylvania or Virginia, even though she may have owned property in Virginia. If she died as a resident of Pa, then you need a Pa. lawyer, although you may need a little help from a Va. lawyer to handle the property. However, if she died as a citizen of Virginia, you need to take action in Virginia.

Assuming that we are talking about Virginia law in Virginia, what you need to do is to go to court and get the court to appoint an executor (personal representative). Even if there is no will, there needs to be an executor. The executor's job is to prepare an inventory and file it with the court (very important, as it is legally required). The executor's job is also to collect all of the debts owed by the estate and to PAY them, using whatever funds are available. Also, if it is decided that the house should be sold, you NEED the papework from the court showing that you have the authority to sell it. Otherwise you won't be able to sell it. Only the court-appointed executor will have the authority. Note also that the executor is required to file paperwork showing where all the property went.

Without a will, the default/automatic result -- assuming that there is no husband or wife -- is that all of the NET property is that the children share EQUALLY in what is left over (after paying all the debts).

Thus, it would be normal to divide everything equally. If one or more children do not want the house sold, the normaly result is that they would need to buy out the shares in the house of the other children.

Of course it gets complicated when there is a mortgage, because only the net equity after the mortgage represents the value of the house for the purpose of a buy-out.

Re: Forcing the sale of Property

If your mother died in Virginia without a will, the real estate passed immediately at her death to you and your siblings. It is not subject to probate in Virginia. If anyone qualifies as your mother's personal representative (had she left a will that person would be called an executor) that personal representative has no power of sale over the real estate for payment of debts. The Virginia statute which makes the real estate of the decedent serve as an asset for the payment of debts does not even give the personal representative the right to sue the heirs to require the sale of the property. The only remedy is a suit in equity against the heirs. The personal representative could then file a lis pendens to alert the world that the property itself is subject to claims by creditors of the estate.

Obviously, it's all complicated stuff.