Legal Question in Wills and Trusts in Virginia

no will... 7 children

we have a home an land from a no will estate. it has been 2 years since the passing of my parents. my brother has lived in this family home all his life. an i now live thre with him an 2 small children. the problem is we want to purchase this home from other siblings but one is being unreasonable. i mean like wanting 3 times what its worth.he says he will force the sale of the home or we need to move. we have no where to go live. we handle all the upkeep of the property since we have been here.all the probate stuff has been settled. is there something we can file to get more time untill we are in position to buy the property? an what can we do to ease the pressure of not knowing whether we have to move or not..after all we are 1/7 owners . thank you


Asked on 12/09/07, 10:45 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: no will... 7 children

Unfortunately, your options would appear to be limited to negotiating a

settlement to buy out the interest of the one recalcitrant sibling/heir or to have the property sold with the proceeds of the sale divided among the heirs as the result of a partition suit. (The sibling threatening such legal action should clearly understand that by the time the lawyers are paid off and the property sold, he could very well end up with much less than if he had simply negotiated a reasonable settlement with you and the other heirs.)

Read more
Answered on 12/09/07, 10:58 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia