when there is no will, who gets the property when theres a older sister and younger brother

UPDATED: Oct 2, 2022

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when there is no will, who gets the property when theres a older sister and younger brother

I am the oldest daughter and I have a younger brother, our mother died and left no will, who becomes the executor of the property

Asked on August 14, 2019 under Estate Planning, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your mother was not married when she passed away and the two of you are the only children, your mother's "estate" (everything she left behind) is split evenly between the two of you. It does not matter who is the personal representative (there is only an "executor" when there is a will appointing one; otherwise, the person in charge of managing and distributing the estate is called a "personal representative" or "administrator" and is appointed to that position by the court) since the personal representative does not get a larger share of the estate. Either one of you can do it; if you agree who should, that person can apply to the court for the position and will almost certainly get it. If you each want the position, you can each apply to the probate court (and object to the other's appointment) and the court will decide who is the better candidate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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