Legal Question in Wills and Trusts in Virginia
In the state of VA is there is no will and a house is in the decedents name. The title was never changed to the spouse's name. Now the spouse is deceased and there are three children ( one deceased with two survivors) one who is not capable of making her own decisions and one survivor who is well and alert what is the process to get this matter clarified so that the property can be sold?
1 Answer from Attorneys
If the two surviving children's parents were the deceased father and the deceased mother, the two surviving children now own the property, as heirs of their parents. If the spouse was not the mother of the surviving children, the children together may own only 2/3 of the house, the remaining 1/3 being owned by the heirs of the spouse.
Selling the property when one of the owners does not want to sell will require a partition suit, wherein the court decides what the respective interests are, what the value is, whether one of the owners is willing to buy out the other(s), and the court appoints a commissioner to sell the property and distribute the proceeds. If the surviving child is not competent, it will be necessary to have the court appoint someone to represent her in whatever proceedings are required. By all means, consult a lawyer to sort this out.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
