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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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