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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37016
Experience:  Texas lawyer for 30 years in Estate law
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I am a beneficiary and heir of my grandfathers estate. He

Customer Question

I am a beneficiary and heir of my grandfathers estate. He died testate. Aunt and uncle are the executors. Grandfather died 15 years ago. Estate is still in probate. one asset, which is land has not been sold. executors want to close probate with commissions of accounts. how are the heirs protected under the law in regards ***** ***** property after closing. who now owns the property and how is the property titled. what are the right s of the heirs, who have equal shares of the property in virginia
Submitted: 12 months ago.
Category: Estate Law
Expert:  RayAnswers replied 12 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

I would not let them close this out.You would want to force a sale here, even if it is an auction .Otherwise you have situation with multiple heirs owning undivided interests.If the land hasn't sold in like 15 years either they have it overpriced or are not making a good faith effort.I have seen this time and again the time to force a sale is now.You can write the judge and insist on it.

If you let them say deed it to the heirs here you are just putting off problems down the road and legal fees.You would then have to file a suit for partition to force a court ordered sale.I would seek to either force this not through auction or a division of the property equitably so that you have a deeded interest.

Here I would write the judge asking that the proprrty be sold here by auction if necessary.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 12 months ago.
Please complete my answers to the question 1. title after closing of probate. 2. who owns property at this point , how do we maintain our rights
Customer: replied 12 months ago.
Also, we were never informed of our rights after probate. according to va law it should have been within 4 months after probate. commission of accounts have approved an incorrect process
Expert:  RayAnswers replied 12 months ago.

Please complete my answers to the question 1. title after closing of probate.

I am assuming the executor here would do a fiduciary deed to the heirs to transfer to title to you .

Check the county deed records to see if that is the case.

2. who owns property at this point , how do we maintain our rights.

If title is in your name then all you need to do is pay the property taxes.

Check the deed property records and see if you have problems.

If probate is closed then you would all either agree to sell or file suit for partition.Again if probate is open I would seek a forced sale here by auction if you have too.

Thanks for your patience today.

Expert:  RayAnswers replied 11 months ago.

Let me know if you have more, thanks.

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