QUESTION
Who can sell my deceased father-in-law''s property?
Asked on May 31st, 2012 on Family Law - Virginia
More details to this question:
My Father-in-Law died on May 12th of this year. He lived on our property. His cars are camper trailer are on our property. My husband is trying to work with his 2 sisters to settle his estate, which isn''t much, He had a lot a judgements for medical bills and none of his adult children want to be help liable for his past debts. His youngest sister is causing friction in the family. What are my husbands rights in trying to sell his fathers possessions, since they are here on our property. Thank you.
1 ANSWER
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You have several options. Someone can go to the local clerk's office, probate department, and qualify as an administrator of the estate, and then sell the assets and use them to pay the debts. The second option is that you or your husband could send bills for storage of the items, and then when the bills are not paid, sell them to satisfy the bills, up to a limited amount. Both options have fairly technical requirements, so you will want to consult with an attorney in your area to ensure you follow the correct procedure so that you can sell the items without exposing yourself to claims from others.
This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.
Answered on May 31st, 2012 at 1:40 PM