Legal Question in Wills and Trusts in Virginia
no will
My father died without a will. He and my mother owned land jointly,and he also owed land in his name only.My mother always said she didn't want the land that was in his name'' it was junk,'' now that he has past she says she owns everything including all bank and I R A accounts and life insurance policies one of which the benifiary was his estate. All this has been probated on the advice of my sister. Now mother has written a wiil again on sisters advice and given sister durable power of attorney. Also my father granted me an access easment across part of thier jointly owned land. Now mother wants to sell all the land. Was all this handled properly and legaly?Any thoughts or advice would be greatly appreciated.
1 Answer from Attorneys
Re: no will
Hard to say without a more detailed review of all the pertinent documents as well as the relevant facts which may attend upon this matter.
Therefore, you may wish to arrange for a consultation with an attorney who handles probate matters in the Commonwealth and who should be able to further adivise you in greater and in more reliable detail.
(Your access easement, however, should survive any sale of your mother's property.)