Legal Question in Wills and Trusts in Virginia

Re: My Responsiblity as to exector of an estate

An owner of a partial interest in real estate can force the other owners to buy him or her out or, if none of the other owners wants to do so, to sell the real estate and divide the proceeds in accordance with the ownership interests of each of the owners.

Such an action requires a law suit to be filed. It is called a partition suit. Very few partition suits are actually filed because it is an expensive and length proceeding. Usually the parties work it out.

Your brother's wife may not be able to pursue a partition action with her power of attorney. In order to use a power of attorney to do anything with real estate, the power of attorney form must specifically identify the real estate and give the holder the power to act concerning that specific real estate.

Get all the family together and work it out, if you can.

Re: My Responsiblity as to exector of an estate

Whether your mother died with a will (testate) or without one (intestate), there are procedures that the executor or executrix of her estate must legally follow. The executor/executrix cannot simply decide how things should be done on his or her own and proceed. It is not possible to provide you with a specific response, but an attorney who represents you can advise you on your legal rights.

If I can assist you, I am licensed to practice law in Virginia as well as Maryland and the District of Columbia.