Rights as property owner in Virginia?

[garbhach65]

I own property with a house on it in Va, My mother was living there until she passed away. My sister was staying there with her with out my permission. I have gave her moving orders. I need to go into the house, can I go in the house with my sister still living there? she does not pay any rent nor does she have any rights to the house. She is giving my mothers things away. My mother did NOT have a will. what is my rights as a land owner??

[abelard29]

If you only own the land, you have the right to be on the property but not in the house.

[otis]

Your property; your right to enter. She may still need to be foreclosed if she has established the house as a legal residence; but nothing stops you from going in.

[arvad]

you actually have two problems - first, as a land/house owner, you can enter the premises with the proper notification (usually 24 hours, but check with your State's Attorney General's office). If you want her out, by state law, she has probably established tenancy there, which means you have to file for an eviction. Again, ask the AG's office when you call.

Your second problem is the fact that your sister is giving away your mother's stuff. This is a probate court issue. Since your mother died intestate, the court should appoint an executor of the estate who's job will be to pay off any debt sowed by the deceased and then to divvy up the remaining assets as per state law. Contact the Probate Court/Probate Office in the county where you rmother died for more info.

[seme22]

You have to give her notice, then you can enter. You can not touch any of her things though, and you have to leave after you look around, it is not as if you can hang out there.

Unless you legally gain possession this is her home and she is legally entitled to live there and hold possession. your "moving orders" are just paper until you get a judge to sign them.