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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7455
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My mother was the last of ten children living and she died

Customer Question

My mother was the last of ten children living and she died in 1996 and left a will that referred to property where ever situated. Since 1996 and even before I have paid the taxes on the property. The properties are in VA. Since my mother left a will with the terminology whether situated regarding her estate to be left to her children. Would that mean since she left will and was the last surviving child would she have owned the property left by her father so that upon her death based on her will it would go to her children.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Virginia, here is the question there is one deceased brother of my mother who has children but he did not leave a will. Since 2007 since my grandfather or mother's father did not leave a will I thought that all living children grandchildre which total 7 including me should help with the taxes. That lasted until 2011 and now I pay the tax bills. Question since my mother left a will do I have to include the other 4 individuals except my brother any sister. I started a partition which will cost &7,500. I am trying to see if that is necessary since my mother left a will.
JA: Have you talked to a lawyer yet?
Customer: Yes to start a petition of sale. Over 4 years have past and no other family member wants to contribute to the costs. My sister, brother, and I can contribute to the costs but the other four will not. Moreover everyone is not interested in keeping up the taxes. Over the last two years I have paid them.
JA: What advice did they give you?
Customer: I've only contacted the lawyers re the petition which will start once we have $7500. I never told them about my mother's will. I thought about it several weeks ago and remembered it contained the phrase wherever situated and I want to know if the four other members are still to be considered since my mother left a will and their parents did not.
JA: Anything else you think the lawyer should know?
Customer: Not at this time. I am trying to resolve this since the other four family members are not interested in paying taxes. My sister and brother and I have continued to pay taxes. Several years ago my sister and brither could not come up with the tax money. Does my mother's will override the other members so that my sister, brother, and I can proceed to sell the land without consideration of the others. again my mother's fther did not leave a will. She was the remaining sibling survivor at the time of her death. How much will your service costs?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Estate Law
Expert:  LegalGems replied 5 months ago.

If the grandparents did not leave a will, their property would pass via the laws of intestate succession - ie to their children. If all of the children were alive at the death of the grandparents, they would equally share in the property. If one of their children predeceased them and had children, then the children of the predeceased child (so the grandchild) would stand in their parent's shoes, meaning they would divide the share of the property that would have gone to their predeceased parent.

So basically all of the grandchildren, under the laws of intestate succession, would have an interest (but the children of the child that left a will- their interest would be distributed according to the parent's will)

During a partition suit, one can request reimbursement for back taxes and other expenses paid.

This is a very detailed explanation of the process:

http://www.courts.state.va.us/courts/circuit/resources/probate_in_virginia.pdf

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

Checking in on the above.

I hope the above helped clarify the estate laws.

Thank you for using JA!

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