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  1. #1
    Join Date
    Mar 2005
    Location
    va
    Posts
    1

    Default Intestate Succession in Virginia

    my mother lived with a man for nearly 20 years however they were not married my mother passed away and everything was in her name I have 2 sisters and 1 other brother i have filed for administrator and have one siste backing me however the other two won't sign. Can I make this man move before we go to court? What about her other property, her home was not paid for.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Cohabitation & Intestate Succession

    Virginia doesn't recognize common law marriage. I am not sure if Virginia would recognize a claim for a constructive trust, or some similar remedy which might give the man a claim to some of the proceeds from the house, if for example he had been contributing to house payments, taxes, and maintenance.

    It is probably not possible to make the man move until you are appointed administrator, and bring an action for eviction. Prior to that time, you don't have the legal right to act on behalf of the estate.

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