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My father has been deceased for 10 years and my mother 25 years. They owned a 6 acre parcel of land with a 4 bed room vacation home in spotsalvania, VA. My youngest sister paid the balance due and has assumed the taxes ( this was done without consulting the other 5 siblings). There was no will and my parent's names are XXXXX XXXXX the deed and tax assessments. She hedges when I ask her to buy me out or get the land surveyed and divid it. Do I have a course of action to facilitate this issue?
State/Country relating to Question: Virginia Already Tried: I have just tried to talk to my sister trying to avoid hard feelings, but legally nothing!
Yes, you can do something about this. If both of your parents are deceased, and they didn't have wills, the property belongs to you and your siblings in equal shares. Paying the taxes does not increase one's ownership interest in the property. You can file a petition to (1) determine the heirs at law of your parents (this is required since there is no will - even though you know who the heirs are), (2) to quiet and confirm title (because your parents passed away with no will, you need a court order to transfer the property to you and your siblings, and (3) for partition of the property (this forces the sale of the property - the court will order the property be appraised, then the judge generally allows any heir to buy out the others, and if there are no takers, the property will be sold at public auction and the proceeds split equally.
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Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations