Legal Question in Wills and Trusts in Virginia
Parent's will
Parents, I think, have individual wills. Father passed away suddenly in May 2006 leaving my sister and I as executrixes of estate-mother has Alzheimer's, lives in a nursing home and use of the money in accounts and life insurance was to be put in trust fund for her care. She died August 2006 before any trust could be set up, but we used money in checking account to take care of her as well as the household and funeral expenses. There are 6 children; 3 which no provisions were made in Dad's will. We have found Mom's will, lifetime residence in the house is made for one of the siblings--one not mentioned in Dad's will, but with the unwritten understanding of my sister and I that he would be taken care of until he dies, which we have no problem with. There are no provisions for the maintenance and upkeep of the house and the estate be split 6 ways. How do we keep money to maintain the house and care for a sibling if we use Mom's will--which is the document that is in force?
1 Answer from Attorneys
Re: Parent's will
It's a bit foolhardy to answer your questions without seeing the wills and knowing how the house was held, but I'll venture a guess based on my assumption that your parents held the house jointly with the survivor to own the whole upon the death of the first to die (your father).
Your father's will seems to leave everything in trust for your mother; but it only applies to things that were his only, such as bank accounts in his name only, investment accounts, automobiles in his name only, etc. His will may not have any effect on real estate, accounts, or other property which is in joint names with your mother or anyone else (or it may only have effect on half of the property). If the jointly held items went in full to your mother automatically on his death, her will would control what happens to them upon her death.
You should be consulting an attorney to look at the wills and at how property was titled when your father died to help you work out how to maintain the house after yor mother's death, and to assist you in distributing your parents' property to the children.
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