Legal Question in Wills and Trusts in Virginia

I am one of six siblings, five of us live on our own, my brother lives with my mother in the home we grew up in. I don't know if my mom has a will, she doesn't want to talk about it. So I don't know exactly what her wishes are with respect to the house. I know she is leaving it to her six children, but the majority of us would want to sell it. I fear that my brother would block the sale because he's a freeloader and has been living with my mom in that house all his life (he's 48). Can he prevent the sale of the house if 5 of us want to sell it and split the proceeds 6 ways?

Asked on 7/14/10, 3:45 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, this brother will not be able to prevent you and the other four siblings

from filing what's called a partition suit in the local circuit court where

the property is located to resolve the matter if it cannot be settled more

amicably by way of a buyout of this recalcitrant brother's interest in the property.

Answered on 7/14/10, 8:25 pm

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