Legal Question in Wills and Trusts in Virginia

No will left by dad and four kids involved

My dad passed away in 2002.He left no will.I live out of state.I have three sisters that live in Va.As far as i know, nothing has been done with the estate.i do know they are paying the property taxes.They will not give me any information except to say they want to hang onto the property for my dad's sake as the property meant so much to him.I have been told that the property is valuable and that they want to keep it for awhile and when the price is right, they will sell it.I also know that the property taxes are still in my dad's name.Does that mean that they haven't filed any papers as yet?Is it possible i wont get anything? I havent been asked to help pay the taxes.If i will be inheriting anything, I could use it now.What can i do to get them to divide up the property so we can all get on with our lives?Is there a time limit that would limit my getting my part? Thank you .


Asked on 6/23/04, 4:43 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: No will left by dad and four kids involved

Although it would be a drastic step, you could contact the Commissioner of Accounts in the County in which your father lived at his death. It is required to file quite a lot of papers with the Commissioner, who is under the Circuit Court. Your sisters may not be aware of their responsibilities under the law in this regard.

They might not be "in the system" so that the Commissioner of the Accounts is aware of your father's estate. Once it is "in the system" there are a great many requirements, including filing inventories, filing reports, documenting the distribution to heirs, filing accounting repots, etc. It can actually be quite a pain in the neck. If there is no will there are standard rules that apply to the distribution of property, such as first to wife, then equally to children (after paying all debts, of course). If your sisters want to keep the house, then they would have to buy your share from you. (Of course whomever is appointed as executor (personal representative in Virginia lingo) would have a responsibility to maximize the value of the estate. So a quick sale of the house might NOT be the wisest financial decision. Simply because you have an equal share in your father's estate does not mean that an immediate sale would be the right decision. But the executor would have a responsibility to maximize the value for ALL of the heirs EQUALLY. Bear in mind, of course, that I can only advise you as to Virginia law, not Kansas law.

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Answered on 6/25/04, 8:20 am


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