Legal Question in Wills and Trusts in Virginia
no will 2 children estate battle.
Mother passed away without will or insurance of any kind. Daughter and son-in-law took care of all outside house needs; (transportation to all doctors appt., grocery, property maintenance, etc.). Mother gave daughter land adjoining hers for homesite. Son seeing dollar signs, wants to sell prop. immediately. Daughter wants to keep prop.(family prop. for 80 years). Major problems would arise if prop. sold. Mother had expressed wishes to will everything to daughter and family, but died before a will was made. Son never attended to any needs of mother. Son lives less than five minutes away. He phoned her once a week and visited about twice a year. Son wanting to be administrator of property because he's eldest. Daughter has always took care of paying bills and taking care of any paper work whenever needed. Mother had own finances but depended on daughter for everything except in house care. Everyone acquainted with mother knew this.
1 Answer from Attorneys
Re: no will 2 children estate battle.
Based upon the facts stated, the children would share the mother's estate equally, since she died intestate (without a will). Missing fact: Is there more to estate than just the land. Possibly the two children (assuming there are only two)could work out a satisfactory division. Otherwise, daughter would have to make out a legal claim that she is entitled to the land (assuming it's the whole estate). Depending on the facts, there may be an argument that there was an inter vivos gift (made during her life). Another argument could exist if there are any writings from mother that could qualify legally as a "will." Note: This is not legal advice. The actual facts would have to be explored in an interview. Call or e-mail to arrange an appointment.
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