probate

i am in the st of Virginia. mom died without a will and clerk of court willnot name an executor because the estate is now titled in my name and 4 others. who takes care of moms debts she owed?the clerk of the court said he has nothing to do with it. if not him then who sees that all my moms bills get paid before my sisters benefit from moms house.

FEB. 18, 2001

DEAR ALICE:

Technically, only the term "executor" can be used only when a will has been found, so the court clerk was correct in not naming someone as executor. You should instead apply to be named as "Personal Representative", the person who will be in charge of handling your mother's affairs, and instead of a will, you will be doing an "Administration of the Estate". I'm not sure how things are done in Virginia, but I don't know whether the Court Clerk has the power to name someone a personal representative or whether it is done by the probate court judge. Anyway, there should be some application form for you to fill out that the court clerk should be able to tell you about.

Please clarify what you meant by saying the "estate" is titled in your name and 4 others--what does the estate consist of specifically? Whoever is named personal representative is responsible for adding up all your mother's assets (checking/savings, life insurance--if any, pension benefits, etc.) and then deducting the debts from that and then filing an accounting of what you've done at the courthouse. Also clarify what you mean by saying the sisters would "benefit" from mom's house--do you mean that you all are joint owners and want to sell it and split the money?

SINCERELY,

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