Legal Question in Wills and Trusts in Virginia
Mom died intestate in May in Virginia. My brother and I are heirs-at-law, the estate is in probate and he is the administrator. She left a condo (mortgage paid) and title passed to us upon her death. Administrator has not transferred the deed into our names. Under Va. law real property does not come under his control or possession except to pay utilities, taxes, condo fee, etc. What are my rights of access and moving in to do repairs? Do I need his (co-owner) agreement? Without his consent and as co-owner does he have any recourse to have me removed? I've researched this extensively in the Virginia laws but cannot find any that address this. Please cite specific references. Thank you.
1 Answer from Attorneys
If repairs need to br done to the unit, it's up to him as the administrator to do them and to ensure that undue waste is not committed in regard to the estate Addittionally, your brother as the administrator should be given the time normally required to fully probate an estate in
the commonwealth which is around 14 months or so without undue interference from you.
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