Question by GOT2BREAL: How do I go about petitioning court in the state of Virginia to become an “authorized representative”??
My mother passed away about 6 months ago. She left no will. We can’t seem to come to agreement about her home she left behind. There are 6 siblings. Four have agreed to sell the home. The other 2 have not. How do I go about petitioning court to put home up for sale. Also, my four siblings want me to be the person who wil handle everything. Do I need to ask to be the authorized representative?
Should I take notarized statements to court stating it is ok for me to represent those that are willing to sign. I can’t afford a lawyer and appreciate your response. The other two will not be in agreement, but cannot afford to buy home or buy us out.
Thanks for your reply, Again, I live in Virginia.
Answer by Spock (rhp)
please accept my condolences on the death of your mother. I am well aware that six months later is emotionally far too soon to be handling the sale of her house.
the Probate or similar court in the county where she lived in Virgina is the place. If you are a Virginia resident, I believe that you may petition the court to be appointed Executor [or whatever Virginia calls this person].
Since there is no Will, state law will control how her assets must be divided. That law [google will find it, the key words are “intestate” together with “Virginia law”] very probably requires that the assets be equally divided among the surviving children [assuming her husband is already deceased].
Since this can not be done without selling the house, the Executor will have the power to sell the house no matter what some portion of the heirs wish [unless all of the heirs were in agreement] in order to divide the proceeds.
Unfortunately, since the heirs are apparently not in agreement, you can look forward to a great deal of squabbling, name calling, hurt feelings, and egotistical behavior — all directed at the Executor who is doing what the law requires but this particular individual believes should be done differently anyway.
Know better? Leave your own answer in the comments!