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luvumore · Mar 28, 2009, 07:59 AM

My daughter claimed the real estate on the 63rd day of her fathers death and listed her half sister as an heir,We were told she doesn't necessarily have to divide with her sister the real estate is this true? And can my daughter live on the property?

JudyKayTee · Mar 28, 2009, 08:44 AM

I don't know what you mean by "claimed the real estate." Was the Will probated? Was there no Will? Only BLOOD RELATIVES of the father can inherit. I have no idea why the "step" is, in fact, a "step" - through marriage, whatever.

What is the significance of the 63 days?

No one can live on the property until the Executor of the State (Court appointed) or the Court says so.

ScottGem · Mar 28, 2009, 08:46 AM

There is often a fine balance between too little and too much information. But you are way on the too little side.

We really need to understand the circumstances and what you mean by claiming the real estate. We need to know was their a will or not, is the estate in probate or not, is there an executor or not and more.

luvumore · Mar 28, 2009, 11:01 AM

State:Virginia
Clerk of Court stated after 60 days of the deceased anyone could claim the real estate
No Will-Diffcult circumstances-No Executrix or Administrator-Deceased died June 25,2008
The deceases mother died January of the same year and a brother died Sept 2007 who was never taken out of the will and 3 other sibligs still living. Was told that the 2 children of the deceased would be entitled to 1/5 of which would have gone to the father as well as 1/2 of a 1/5 that would have gone to the deceased brother who died.Not in Probate.Lawyer is dragging his feet. Neither child has the money to be bonded. The estate of the deceased, 20,000 IRA w/no beneficiary, and personal items was all he had excluding what he was to inherit. My other question is there a time frame in which probate has to be done in? My daughter needs a place to stay and was told by a State trooper for security reasons she could stay is that not true?My daughter is the one that is listed as responsible for the real estate on the affadavit, her half sister is listed as an heir.

JudyKayTee · Mar 28, 2009, 11:27 AM

Originally Posted by luvumore

State:Virginia
Clerk of Court stated after 60 days of the deceased anyone could claim the real estate
No Will-Diffcult circumstances-No Executrix or Administrator-Deceased died June 25,2008
The deceases mother died January of the same year and a brother died Sept 2007 who was never taken out of the will and 3 other sibligs still living. Was told that the 2 children of the deceased would be entitled to 1/5 of which would have gone to the father as well as 1/2 of a 1/5 that would have gone to the deceased brother who died.Not in Probate.Lawyer is dragging his feet. Neither child has the money to be bonded. The estate of the deceased, 20,000 IRA w/no beneficiary, and personal items was all he had excluding what he was to inherit. My other question is there a time frame in which probate has to be done in? My daughter needs a place to stay and was told by a State trooper for security reasons she could stay is that not true?My daughter is the one that is listed as responsible for the real estate on the affadavit, her half sister is listed as an heir.

Okay, first of all - this should be combined with your other post. This is not a new thread.

Secondly, "anyone" could claim the real estate after 60 days? What State is this in? The Law is the Law - I couldn't appear and lay claim to the real estate. Something is wrong here.

First there's no Will. Then there's a Will but the brother (who is deceased) was never taken out of it. That doesn't matter - what matters is how the Will addressed deceased beneficiaries.

Probate time frames vary by State.

Do not get your legal advice from State Troopers (unless they practice law in their spare time).

What Affidavit?