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    littleone60's Avatar
    littleone60 Posts: 4, Reputation: 1
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    #1

    Feb 27, 2013, 08:44 PM
    How long do you remain an executor of estate
    How long does an executor stay in charge in Virginia? Does he have the right to remove 2 heirs that have been living in the home over 2 yrs,caring for their parents until their death?The other heirs have agreed that they remain in the home.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #2

    Feb 27, 2013, 08:47 PM
    What is supposed to be done with the home according to the will?
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    littleone60 Posts: 4, Reputation: 1
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    #3

    Feb 27, 2013, 08:55 PM
    Quote Originally Posted by Wondergirl View Post
    What is supposed to be done with the home according to the will?
    It is to remain in the family,unless all heirs agree to sell it.Their are 5 heirs and 3 agree to let the 2 daughters living there all this time are to remain in the home where they have been over 2 yrs.But the Executor hasn't even gone to probate yet,but will the end of March.My mom died in Oct and my dad in Jan this year.
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #4

    Feb 27, 2013, 09:00 PM
    An heir is also the executor?
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    littleone60 Posts: 4, Reputation: 1
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    #5

    Feb 27, 2013, 09:07 PM
    Quote Originally Posted by Wondergirl View Post
    An heir is also the executor?
    No.. just a friend of the family.We keep being told he remains executor for 1 year.
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #6

    Feb 27, 2013, 09:09 PM
    Is any heir against the home being occupied by family and not sold?
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #7

    Feb 27, 2013, 09:19 PM
    Look at #8 in http://www.courts.state.va.us/courts...n_virginia.pdf
    littleone60's Avatar
    littleone60 Posts: 4, Reputation: 1
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    #8

    Feb 27, 2013, 09:21 PM
    Quote Originally Posted by Wondergirl View Post
    Is any heir against the home being occupied by family and not sold?
    All heirs have agreed to keep the family home and not to sell it.Two daughters lived with our parents to care for them and have been ask by the other 3 heirs to remain in the home to take care of it.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Feb 28, 2013, 05:52 AM
    Quote Originally Posted by littleone60 View Post
    No..just a friend of the family.We keep being told he remains executor for 1 year.
    You were told wrong.

    First, he isn't officilaly the executor until he files a petition to probate the will.

    And then he remains executor for however long it takes to completely administer the estate, or until he is removed for cause.

    But if, as you write, the will provides that the home is to remain "in the family" unless all heirs agree that it will be sold, it's a very poorly drafted will. Eventually someone is going to want it sold, and then that person will be able to force a sale.

    In the mean time, the person named as executor in the will should apply to probate the will and, when appointed, should administer the estate. When it comes time to close the estate (after the debts have been paid, etc.), the home should be conveyed to the 5 heirs.
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