Legal Question in Wills and Trusts in Virginia
inherited property
my mother died, leaving me her share of a home, my uncle had the other half. he passed away last week w/o a will. i am his next of kin so his share comes to me, thus making me full owner. he allowed my daughter and her boyfriend to live w/him rent free. now, i want to move into the home myself. however i want daughter/boyfriend to move out. they are druggies/alcoholics that i want no part of. can i legally make them get out of my home w/o benefit of eviction notices? they were there w/o my consent anyway. i feel they were living in my home just as well as my uncles.
1 Answer from Attorneys
Re: inherited property
No, before you can evict anyone from this property, you must first establish your ownership of the entire property through the probate of your uncle's estate and the recording of a new deed reflecting this ownership interest.
You should go to the local probate court clerk's office and request to file an application for letters of administration to be appointed the adminstrator of your uncle's estate.
Depending upon the size and value of the estate, there may also be away to shorten the probate of this estate which would bypass the full probate process, and you would be well advised to ask one of the probate clerks to provide further information about it.
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