Legal Question in Wills and Trusts in Virginia

Re: Property Sale

Whether you can be made to sell the property

depends on what it says in the Will. Ordinarily,

you can simply give each grandchild their undivided

interest in the property. However, if you do this,

they can file suit in court to force the sale of

the property anyway. So, even though the estate

cannot be forced to sell unless the Will so

provides, you can end up being forced to sell.

The best approach is to get a fair market value

appraisal of the property and then offer the

grandchildren cash for their share. This may

require refinancing of the property if there is

not enough cash in the estate to permit a cash

distribution to the grandchildren in lieu of

their interest in the real estate.

Our firm can assist you to resolve this matter

if you wish. Call us at 800-817-4529. If you

already have an attorney helping with the estate,

you should talk with him/her first.

Good luck!