Executor Duties In Virginia

Summary

In Virginia, you can request an audit of the estate from the Commissioner of Accounts or petition the court if you suspect misconduct. An Affidavit of Heirship is typically not used for probate purposes; intestate succession laws apply. If a child of the deceased has died but left descendants, those descendants inherit the deceased childs share. Grandchildren only inherit as representatives of their deceased parent. A custodian can manage an inherited IRA for a minor. Occupants have some rights, but the executor manages the property. Executors must notify interested parties if the property needs to be sold. Consult a local attorney for specifics.

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Salem Virginia, but it is in Roanoke county Virginia
In Virginia, you may:
- Request an audit of the estate from the Commissioner of Accounts.
- Petition the court if you suspect misconduct.
- Hire a probate attorney to assist you.
Please note, these are general suggestions. Consult a local attorney for specifics.
For Roanoke County Circuit Court: (*) *-*.
do I need to assert an affidavit of airship to assert to Virginia that I’m a legal error of his estate?
In Virginia, an Affidavit of Heirship is typically not used to prove heirship for probate purposes. Instead, intestate succession laws apply. Consult a local attorney for specifics. Roanoke County Circuit Court: (*) *-*.
What is intestine succession laws in Virginia
In Virginia, intestate succession laws are as follows:
- If deceased had children but no spouse, children inherit everything.
- If deceased had spouse but no descendants or parents, spouse inherits everything.
- If deceased had spouse and descendants from deceased and that spouse, spouse inherits everything.
- Other scenarios exist. Consider consulting a local attorney for precise information.
my grandfather had two children, my mom and her brother but her brother died four years ago but he had a child. But my mother had myself and my sister does it completely skip the grandchildren if my uncle died and he has a daughter? Should it be *% of the estate goes to my mother and my uncle is *% of his part of the estate goes to his daughter and split between my sister and myself the grandchildren
In Virginia, if a child of the deceased has died but left descendants, those descendants (grandchildren) typically take the deceased child's share. So, your cousin (uncle's child) would receive your uncle's share. It doesn't get split between you or your sister.
so but why does it skip my sister and I? And I am the one who lived in the home with my grandfather, and took care of him because he wasn’t able to do ADLs without assistance. My mother didn’t help at all I live in my grandfather’s home that has been my home all of my life.
Under Virginia law, grandchildren only inherit as "representatives" of their deceased parent. Since your mother is alive, you and your sister don't inherit under intestate succession. Her share doesn't pass to you unless she predeceases your grandfather. Consult a local attorney for specifics.
My oldest son is a beneficiary on my grandfather’s IRA roll over account with Fidelity. I have full custody of my son and I have been notified by my mother or someone about my son being a beneficiary and all the information involved since he is under *?
In Virginia, a custodian can manage the inherited IRA for a minor. Fidelity should provide you with the required forms to establish this. Consult a local attorney or the Roanoke County Circuit Court at (*) *-* for specifics.
shouldn’t the minors parent be notified about any accounts in which the child has a beneficiary of?
In Virginia, while there's no legal requirement, it's generally good practice for the custodian or legal guardian to be informed if a minor is a beneficiary. This helps ensure the minor's interests are protected. Consult a local attorney for specific advice.
What about me residing in my grandfather’s house after he’s passed what will happen since he didn’t have a will to the house and the property? Can they make me move out being as this has been my home all my life?
In Virginia, as an occupant, you have some rights. However, if the property is part of the probate process, it's the executor's duty to manage it. If it's sold or transferred, you may have to move. Consult a local attorney or Roanoke County Circuit Court at (*) *-* for specifics.
What exactly would the executor duty be to manage a property that I am an occupant have been all my life?
In Virginia, an executor's duties include:
- Securing and protecting the property.
- Assessing its value.
- Paying any taxes or debts.
- Distributing the property according to intestate succession laws.
If the property needs to be sold to cover debts or distributed to heirs, you may need to move. Consult a local attorney for specifics.
Well I get notified if the property needs to be sold to cover dents or distributed to air how do you know if it really needs to be sold to cover debts and how do you know if it needs to be sold or distributed to errors
In Virginia, the executor must notify all interested parties, including occupants, if the property needs to be sold. If you suspect misconduct, you can request an audit of the estate from the Commissioner of Accounts or petition the court. For specifics, consult a local attorney or Roanoke County Circuit Court at (*) *-*.