Legal Question in Wills and Trusts in Virginia
power of attorney vs. living will vs. nothing
My grandmother died 1 wk before my aunt. They both had (POA) drawn making me (POA). My grandmother had a Living Will drawn making my aunt-in-law Trustee and the grandchildren heirs. My grandmother changed her home to my aunt's name after Will was drawn. Now since they both are deceased, Who is responsible for the home. My aunt never made a Will. We need funds for funeral, trying to sell the home.
2 Answers from Attorneys
Re: power of attorney vs. living will vs. nothing
The heirs of your aunt should file an Affidavit of Heirship with the local probate court and one of them should apply to be appointed by the court as the administrator of your aunt's intestate estate.
Re: power of attorney vs. living will vs. nothing
If your mother put title to the home into your aunt, her estate is entitled to the home. However, since you are all family and I don't see any signs of dispute, you could all consult with a local attorney who can advise you as to how all this might be settled.
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