Legal Question in Real Estate Law in Virginia
My grandfather died without a will owning property, how can I transfer it to my
My grandfather died in May 2004 and owned 14.52 acres of land. He did not have a will or the original deed because it had been in my family since the 1800s. His children, my mother and her two brothers, want me to have the property. My grandmother, his wife, died on August 5. How can I change the property over to my name? His nieces are trying to claim the property by posing as his daughters. I have the property in my care for property tax purpose. What documents need to be completed to put the property in my name without any potential challenges from his nieces?
1 Answer from Attorneys
Re: My grandfather died without a will owning property, how can I transfer it to
Your mother and her two siblings need to record a Declaration/Affidavit of Heirs with the land records of the circuit court in the locality where the property is located. Then each of the three must execute the appropriate deed (general or special warranty or quitclaim)transferring each of his/her undivided 1/3 interest in the property to you.
Since this type of transfer of title would in effect be a gift to you, for tax purposes you would not receive the same stepped up basis of valuation for the property that you would've had you received title by inheritance.
You would be well advised to consult with an attorney knowledgeable regarding the law of real property as well as probate and tax-related matters in the jurisdiction where the property is located.
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