Legal Question in Real Estate Law in Virginia
Inheritance
My brother & I own our family home place together. He's getting married to a lady that has grown children, he has none. If something happens to him and his wife will half of the land go to her children. Or, will her children inherit part if something happens to her and my brother survives? How can we make sure the land stays in the family?
1 Answer from Attorneys
Re: Inheritance
Property that is owned by your brother prior to his marriage to this lady with adult children should remain his and not be subject to her marital claims provided that she is not permitted to contribute to its maintenance, improvement, payment of taxes, etc., either with her labor and/ or funds or funds which she could claim belong to her in part.
To ensure that the above in fact occurs, it probably would be advisable for your brother to establish as his marital home a residence other than this family home which he co-owns with you, and to keep good records regarding any expenditures
on the home involving the kinds referenced above.
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