Legal Question in Wills and Trusts in Virginia

Property rights without a will

My uncle died without a will. According to VA law, his house is left to his living brother & sister and the children of a deceased brother. The children of the deceased brother cannot be located. Can the living brother & sister sell the house and put the deceased brother's children (both adults) in a trust fund?


Asked on 4/14/09, 10:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Property rights without a will

One of the relatives should apply to the local probate court to be appointed administrator of

your deceased uncle's estate and then the property can be properly probated (including the required notices to apparently unlocatable heirs)and a new deed prepared and recorded with the names of the new owners who can then collectively agree to sell the property.

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Answered on 4/17/09, 10:59 am


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