Legal Question in Wills and Trusts in Virginia
no will
a person deceased with no will,
has property in her name only.
has living spouse with dementia
and lives in a nursing home.
never had children, but they
raised 3 of her neices children
as their own. these children are now grownshe only had guardianship of them when they
were minors.one of the grown
children had power of atty
on her, which stopped at death,
but still has poa for spouse
in nursing home. they cannot
afford upkeep on this home,
What can they legally do?
thanks
1 Answer from Attorneys
Re: no will
They should consult an attorney regarding this matter who practices in their local area. Probably, they will find that something called an Affidavit of Heirship needs to be filed in the clerk's office of the probate court where the intestate decedent passed on(or where the property is located) in behalf of the surviving spouse in the nursing home. Once this is done, if the POA is still valid and provides power sufficient to sell the property(the attorney will know), the person with the POA should then be able to sell it and dispose of the sale proceeds as appropriate.(The attorney will also be able to advise on that issue.)
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