Legal Question in Wills and Trusts in Virginia
Grandmother died- no will
Last week my grandmother died and didn't leave a will for her property or estate. My mom, my uncle, my aunt, and I signed to be held responsible for the funeral fees. She apparently has enough money in her bank account to pay for the funeral, but we do not know how to get it out. She has hospital bills that need to be paid and she was the co-signer for my aunts car loan that still owes $15,000. There is no will and we do not know if it is legal for us to divide belongings among us and auction the rest to pay her bills. Will hospitals forgive medical bills for the deceased? What about co-signer status on a vehicle if my aunt is unable to pay the amount?
2 Answers from Attorneys
Re: Grandmother died- no will
One or more of the relatives will have to go to the local Circuit Court, Probate Office, and get appointed administrator of the decedent's estate. Once appointed, the paperwork can be presented to the bank and a probate account set up to pay the bills from the decedents's funds and sale of any of the decedent's property. Any excess of funeral expenses not met from the probate account will have to be paid by the co-signers as a matter of contract, so be sure to pay the funeral bills first. Other bills will be paid only so far as there are funds to pay them.
Re: Grandmother died- no will
One of you four needs to go to the local probate court and apply for letters of administration to be appointed administrator of your grandmother's estate.
This person will then have the legal authority to take care of all of the matters which you've mentioned and any others which are necessary to properly administer and "wind up" your grandmother's estate, so to speak.
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