Legal Question in Wills and Trusts in Virginia
probating a lost will
my father passed away 3 years ago leaving the house for my2 brothers and myself to split.The will is lost and I need to know how to proceed with the probate.Also isn't all 3 of us resposible for bills /taxes etc. My brothers are not getting along does any of us have the right to tell the other to leave Especially if they are not paying there part
Thans alot for your time
1 Answer from Attorneys
Re: probating a lost will
If there is no will (or none can be found), you could file an affidavit of heirship with the local probate court in the city or county where the property is located in order to establish each of the three of you as valid owners of this property.
Yes, each of you is responsible for your share of the taxes and bills associated with maintaining the property, but none of you has any right to tell
one or more of the other owner-siblings to leave or vacate the property since they have as much right to occupy the property as you do.
If the joint owners cannot agree on how the property should be managed or bills shared for its maintenance, then they should agree on a buyout where the disgruntled one(s) would have his/their
interest(s)purchased by one or two of the brothers who wish to remain as owners.
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