Legal Question in Real Estate Law in Virginia
intestate father with living spouse and four children
Dad died without a will, leaving behind his widow and their four grown children (one son, three daughters). None of her daughters got anything from dad's estate. Mother's will leaves everything to my brother. She had dad's name taken off the deed to the family home after he died. In 2001 she replaced her name as sole owner, with the names of herself and my brother on the deed as joint tenants in common with rights of survivorship. Although she told me his name was not on the deed, I located info on-line showing his name is on the deed as co-owner. Mother and my brother say that the title is clear, because dad's name is no longer on the deed, and that since the girls' names are not on the deed, her daughters have no rights in the property. How can title be clear when we three girls are also dad's heirs? I assume no probate took place. My sisters and I have never completed any documents to reject our rights to a share of the real property. I'm retired, divorced; my other two sisters will be retired in about a year--they're both married. My brother is single at this time. What should I/we do now? Thank you.
2 Answers from Attorneys
Re: intestate father with living spouse and four children
In order to help you I will need for you to clarify who owned the property at the time of your dads death.(it might have been jointly held ).Send me this information and how I can reach you.
Re: intestate father with living spouse and four children
It is necessary to know how the property was titled at the time of your Dad's death. If tenancy by the entirety or joint tenant with right of survivorship with your mom, his interest became hers. If title to all or a portion was in Dad's name only, the property, along with other assets, in your Dad's name alone would pass by law of intestacy.
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