Legal Question in Real Estate Law in Virginia

Re: Deeds to house

Correction to previous answer: If the father's intestate estate is probated, there should be no requirement to file the previously referenced Heirship Affidavit as the three siblings should receive good title through the probate process

without the need for this particular affidavit

which is normally utilized by heirs to intestate

property which has never been subject to probate.

The rest of the answer still stands which means that the title to your father's house should pass by way of court process(probate) rather than the oldest sister merely assigning herself title by way of the general POA.

Re: Deeds to house

My first question is: why are you taking care of your father and brother if it is your sister who is the LAR and has the POA for your father? Something is not right here. How do you even take care of the general matters concerning to your father and brother without a POA? Having said so, the ability of your sister to take over the house is dictated by the POA itself in addition, if your sister "buys" the house for the fair market value is a lot different from a situation where she just puts herself on the Deed. If you are really concerned about this, you should petition the court to issue an injunction against your sister possibly selling the house without your consent or participation to the proceeds.. challenging in essence that POA, or file a notice of pendente lite so that she cannot sell the house without litigation being resolved. As an attorney I can tell you that I would personally not handle a transaction without consideration involved where a daughter simply gets on the title using a general power of attorney... but I certainly cannot speak for other attorneys.

Good luck,

Tiziana Ventimiglia

Re: Deeds to house

If your father dies without a will, you and your siblings should inherit his house and other property by way of intestate succesion(the state's inheritance scheme for surviving relatives of those who die without a will).

Upon your father's passing, one of you(probably your older sister) will need to apply to the local probate court to be appointed administrator of your father's intestate estate.(The clerk's office will have the necessary forms.)Then in order to gain legal title to your deceased father's real property(land + house), you and your two siblings will need to file something called an Affidavit of Heirship with the probate clerk which will allow for the preparation and recording of a deed giving each of you a 1/3 undivided interest in the whole property. Later the three of you can decide whether one or more of you may wish to quitclaim his or her respective interest in the property to the other.

This manner of taking title to the real property will be far sounder (less likely to be challenged)and more legally durable than if your elder sister were to take title for herself merely by placing her name upon the deed by exercising her authority under the general POA

which will be extinguished upon your father's death.