Legal Question in Wills and Trusts in Virginia

Re: Problem with siblings

There seems to be enough at issue here for you and your siblings to hire an attorney. As for your questions, the provision in the will suggests that your aunt was only on this account for convenience & not as a survivor of the funds--however this may turn on facts. As for the real estate, if the will permits the personal representative to sell it, the proceeds would then be shared by the children. Alternatively, if all do not agree to sell, there might be a need to bring a "partition" action in Court to order the sale and then disburse the proceeds.

Best of luck.

Re: Problem with siblings

There is no logical reason to delay probating

the will. That should be done immediately

because it must be done. It is not optional or

discretionary. And there is no reason to delay

in terms of the other question.

You must understand that NO ONE has authority

to do anything on this issue until someone is

appointed as executor (personal representative).

Only the executor has the legal authority to do

anything at all about any of this, except the

executor officially appointed by the court.

As a result, actually, the children have NO vote

in whether to sell the house or not sell the

house (unless the will says something about this).

It is the executor's responsibility to collect

all of the assets, pay all the debts, and then

distribute the property according to the will.

It is possible that if one child doesn't want to

sell, they could get proportionately less of

other property to even it out.

However, it is the executor's decision alone

whether to sell the house, rent it out, or

whatever. But the presumption is that all of

the heirs deserve to receive their distribution

under the will. It is possible that all of them

could agree to rent the house and split the rent

and hope to sell the house for more money later.

But it is the executor's decision as to what will

maximize the financial value for all of the heirs.

As to the joint account, first you have to read

what the bank's exact agreement says and know

exactly what the correct legal category is.

However, normally, a joint account would be

received by the joint account holder outside of

the will.

In this case *IF* you can *PROVE* that none of

the money in the account came from the aunt

and that the purpose of her being on the will

was to act as a trustee for your grandfather,

then the EXECUTOR (again, notice who has the

authority to act) can demand the money back.

But it is always difficult when you have to

prove the FACTS as to what exactly happened.