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My mother died recently and left a will to her 11

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My mother died recently...

My mother died recently and left a will to her 11 beneficiaries. The will states that her house is to be sold and the proceeds divided equally after her two children who paid off the mortgage are reimbursed what they paid. The executor (one of my mother's beneficiaries) and another sister and her adult son are currently occupying the house rent-free. The other beneficiaries want them out so the house can be sold as per the will. They will, not go. What can we do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The estate is in Virginia.

Lawyer's Assistant: What documents or supporting evidence do you have?

We have my mother's death certificate and her will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

One sister occupying the house has been a drug addict for the past 45 years, and her son is selling drugs from our mother's basement. The third occupant, the executor, took up residence under the guise of settling my mother's estate. Eviction letters were drawn up for the drug addict and her son, but the executor has not enforced them with the assistance of a bailiff.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 10 minutes by:
3/24/2018
Lawyer: DamienJD, Attorney replied 4 months ago
DamienJD
DamienJD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,155
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Lawyer: DamienJD, Attorney replied 4 months ago

You mention that the executor who is a beneficiary is living in the home along with another beneficiary and an adult son who is not a beneficiary, correct?

Has the executor opened an estate proceeding yet?

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Customer reply replied 4 months ago
to both your questions.
Lawyer: DamienJD, Attorney replied 4 months ago

An executor has a fiduciary duty to carry out the terms of the decedent's will. Consequently, that means that either the house would be sold pursuant to the terms of the will, or the house would be put in the names of all the beneficiaries if that is what the will says.

If the executor is refusing to move to sell the house or refusing to put the names of the house in the beneficiaries names, then this could be considered a breach of fiduciary duty.

Another one of the beneficiaries could petition the court to remove the executor if the executor is refusing to carry out the wishes of the decedent.

Technically, all beneficiaries have a right to live in the house if they all own it and none have to move to sell it but a court can order a forced sell of the house. Either replacing the executor so someon can take action to sell the house, or there would be a separate action to force the sell of the house.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
Is there any way we can force the three occupants to pay rent?
Lawyer: DamienJD, Attorney replied 4 months ago

You cannot force the beneficiaries to pay rent since they own the house as well as the other beneficiaries. Technically, all the beneficiaries could live in the house. In these cases, the court would order a forced sale of the home. The owners of the home or the executor could make the nonbeneficiary adult son to pay rent.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
The will did not state that the names of the beneficiaries should be placed on the deem of the house, however the Henry County Circuit Court required that my deceased mother's name be taken off and the deed transferred into all the names of the beneficiaries. This action seems to have caused the current situation of two beneficiaries occupying the house.
Lawyer: DamienJD, Attorney replied 4 months ago

Thanks for the additional information. If all the beneficiaries names are ***** ***** house, then a separate action would be taken to force the sale of the house. This is generally known as a partition and sale action. Since the home could not generally partition for the use of all the beneficiaries, the court would order a forced sale of the property.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Lawyer: DamienJD, Attorney replied 3 months ago

Hello again:

I am checking in with you to see if you need further help. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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