Legal Question in Family Law in Virginia

Buying out Mother and brother's part of home

Hello, my question is somewhat broad. My mother is divorced from my father seven years now and my oldest brother is deceased 8 years now! My younger brother and I are left. I want to try and purchase my mother's home (my home place). She doesn't know where to start and has no one and no money in which to get a lawyer or whatever. My question is: Does she come up with a price on the house and I buy her part and living brother's part? How does this normally work. I have a nephew from my older brother, but he's not old enough to come into play i don't think... I want what's best for everyone. My mother simply cannot take care of this large home and land on her own and needs a smaller much more manageable place! My brother has had numerous encounters with the law and is also paying back child support. Can you tell me how to approach this situation or how things are ''usually'' done! Or is this simply up to the mother to decide. Please.... any advice is greatly appreciated!


Asked on 1/25/08, 12:49 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Buying out Mother and brother's part of home

You should arrange for a consultation with an attorney in the area where the home is located and who's appropriately experienced in real estate and real property law issues. This person will explain how you may go about purchasing this family home from your mother so that you will be the only owner of record for this particular property.

The issue as to how such a purchase may later impact your mother's possible elgibilty for medicaid if she at some later time is required to go into a nursing home or similar facility is a separate issue which also may need to be considered before the house is sold to you.

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Answered on 1/28/08, 7:02 am
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Buying out Mother and brother's part of home

You will first need to find out if she is the only person in title to the property. If she is, she may gift or sell the house to you. This is done by way of executing a deed.

I would caution you that there may be implications regarding qualification for some social services if she gives or sells the property to you.

I strongly urge you to visit an attorney to discuss how this conveyance may affect her.

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Answered on 1/25/08, 3:04 pm


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