Legal Question in Wills and Trusts in Virginia
Probate of Will - VA
Parents deceased. Simple will. 4 children to share equally. Sister named executor. Not sharing information. She hired attorney to assist with the probate. He represents only her. Executor withholds information and does not communicate with siblings. Don't know exactly where in process we are. When both parents are deceased does the parents' home pass to the estate and is it the executor's decision when the house is listed for sale? The house is now empty over 1 year. Worried about vandelism, etc.
1 Answer from Attorneys
Re: Probate of Will - VA
The executor must file a final report with the commissioner of accounts within about 14 months of opening the estate, detailing how the estate was administered, including the paying of any creditor claims and the distribution of remaining assets to named beneficiaries. If you as a beneficiary have concerns with this report, you could request a hearing to challenge it.
And, yes, your parents' home becomes part of their estate assets and the decision regarding its sale would normally be a decision made by the executor after consulting with the beneficiaries.
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