Legal Question in Real Estate Law in Virginia

My grandmother has moved into an independent living facility and I have moved into her house. I am paying the taxes and personal property on the house, although they are still in her name, as well as any repairs necessary, including renewal of any necessary maintenance contracts. I do not believe that she is leaving the house to anyone in her will, at least, that is what is alluded to. I am told that she took out a second mortgage on the home, in her name (although my father is handling her accounts, as she has early onset Alzheimers), to help cover the cost of her apartment. After she passes, do I have any rights to the house, as I have been responsible for it for a few years now. My father mentioned my buying it, but isn't there a type of deed transfer that would be better? There is no conflict within the family with my living here, and maintaining the property, everyone actually seems quite pleased that the property is well kept and lived in. I am not understanding why I have to actually purchase the home. I am in Virginia. To me, it is important for me to keep this home as a residence, as my Grandfather built it with his own two hands.


Asked on 6/16/11, 1:47 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

As far as what you call your rights to this property under the

facts which you've outlined, I would conclude that you have no rights

whatsoever unless such are provided for in your grandmother's will.

As far as the expenses you've incurred in maintaining this property thus far ,

such expenditures could probably be construed as the equivalent of rent if you were to advance any claim in the future concerning a legal interest in this property.

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Answered on 7/04/11, 10:27 am


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