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lockette
May 7, 2008, 10:03 AM
My mother has been appointed personal representative to settle late brother's estate. He has land in another state and small amount of money in a bank. How should she proceed in getting this estate settled He lived in Maryland and the land is in Virginia.

Thanks

tickle
May 7, 2008, 02:38 PM
Your mom may have her work cut out for her. She should seek the advice of an attorney.
Many people choose a family member or friend to be the personal representative, thinking it will be easier and cheaper for that person to settle the estate because of familiarity with it. This is not necessarily true. Most people do not share their total financial situation with friends. Even a family member may not be aware of all the intricacies of the estate. A family member or friend not working with an attorney could take longer to settle the estate and incur unnecessary expenses because he or she is unfamiliar with legal procedures and deadlines. However, if the personal representative is advised by a competent attorney, he or she should have no problems.

George_1950
May 7, 2008, 02:39 PM
Just curious: did the late brother leave a will? If so, did he include a power for his executor to sell real property? If that power is not in the will, or if he died without a will, your mother will have to apply to the probate court in Virginia to sell real property. She can take a certified copy of her letters of administration and file them in the probate court in Virginia.

Fr_Chuck
May 7, 2008, 03:00 PM
As noted there is not enough info, but basically the property will be sold, and all the money put into an estate account, and all the bills will be paid by the estate account till all the bills are paid, or until the money is gone.

As to how, it will depend on the will, or the probate court.