Legal Question in Real Estate Law in Virginia
life time home
My grandmother has a lifetime home that her husband has left to her, When something happens to her it suppose to be split between, her children and his which is her step children. Her step children has mailed her a letter from there lawyer stating they want there part of $66,000, with in 3 weeks or they will take furthure action. Do they have the legal right to do this?
1 Answer from Attorneys
Re: life time home
Your grandmother is likely either currently occupying the property as a tenant for life(or with a life estate), meaning that she has the absolute and unfettered right to remain there for the balance of her natural life, or she is in fact the owner of record in fee simple having received her husband's undivided half ownership in the property directly upon his death as a joint tenant by the entireties with right of survivorship.
No matter which of the above applies, no one at this point, including her seemingly ingrate step-children have any legal basis for asserting any claim now for anything which they might, possibly, receive in the future as beneficiaries under your grandmother's will after her demise.(And any attorney who would support such
a demand or allow his or her name to be used in connection with such a demand should be ashamed, if in fact that's what truly happened.)