Legal Question in Wills and Trusts in Virginia

Re: Will/Real Estate

It sounds as if your sister may now be a co-owner of this property by way of inheritance, and, if so, you will not likely be getting her out of this property anytime soon.

Probably your best approach now is to obtain a copy of the last valid will executed by your father, and if there are questions about its validity or other

issues concerned with the probate of your father's estate, you should arrange for a consultation with a local attorney who is knowledgeable and experienced in such matters and who should be able to further advise you on this situation.

Re: Will/Real Estate

Best course is to get a copy of the will and have an attorney review it with you.

Re: Will/Real Estate

My 2 colleagues are correct, but let me add "Not enough information." The questions here are almost always lacking in some detail.

But a few of the things we need to know here are:

1) Was there a previous will? It is probably the only valid will.

2) What happened after your father was given the will to sign? He has to sign it not only by himself but with 2 witnesses.

So we don't know if that will was ever actually signed, properly, before the necessary witnesses, etc.

You (or someone) should be able to get the latest copy from the attorney's office. But at this point, we don't know if it is a meaningless piece of paper that has no legal effect.

3) You say that your name is already on the deed. The first place I would start is examining this deed very carefully to see what exactly it says. Depending on how it is written then perhaps -- MAYBE -- the land is transferred outside of any will

How you get her out would have to involve an eviction, even though there is no lease.

In my experience if there is any uncertainty about who owns what, courts are reluctant to jump the gun. So while you have a legal right to begin an eviction proceeding, you would probably have to clear up who owns what before a judge would order that outcome.

Oh by the way, someone has to qualify as exeuctor (what VA calls "Personal Representative") to administer the estate. The executor will have the power to stand in your father's shoes, and the responsibility to prevent waste, etc.