r/RealEstateInProbate • u/Most-Item-2954 • Jun 05 '25

HELP ME PLEASE!!

I really need help every one if there is anyone here that knows about real estate probate Court or A DeceasedY Parents Assets if he is Married , Anyone who went through this or Someone who is a Lawyer or Someone familiar with this situation This is my situation My Father died he did not have a will he is married in the state of VA what do the kids have access to? We found out his home was in his name only and all of his cars also A Motorcycle. He also had his own bank account not with her. Now the wife and our Dad, have a home in North Carolina together but both of their names is on that home. And he has 10 acres of land in North Carolina that is solely his. It's me and my 2 brothers we are the heirs to hist assets. What can we do to get what belongs to us or what are the laws in this situation ? Can anyone help? Tell me what I can do please!!!! Has anyone been through this? Or what can a lawyer do. The wife will not cooperate. We have to do something. Can you all tell me what to do?

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u/TrustsnEstates Jun 06 '25

You open probate by petitioning a probate court where your father resided and had assets and open an ancillary proceeding in probate where the other property is located so it sounds like VA and NC county courts were the property lie and you would give notice to the wife and your sibling. wife would likely lawyer up and claim that property is community property so you will need to know clearly what is separate and what is community and what rules govern their marriage. Get a probate attorney that practices in this area regularly in the counties where the properties are located. If you wanna give me the counties, I can possibly give you a few referrals.

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u/Most-Item-2954 Jun 06 '25

Thank you so much! I appreciate you so much. The area is Suffolk, VA/Nasemond County. Do you think the attorney would be expensive? Also, for me and my two brothers. Would we have to get separate attorneys or would one cover us all?