Legal Question in Real Estate Law in Virginia
A property is deeded to Mother, femme sole, and Son, homme sole in June, 1988. Son died in 1998 with no will (he has a wife and 2 children who are adults now). Mother died in 2016 with a will giving everything to her Daughter. There is still a mortgage on the property. Does Son's wife and children have any rights to the property?
Asked on 1/24/17, 8:42 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
It depends on how the property was titled. If it was joint tenants with right of survivorship, then it passed to mom alone on son's death and belongs to mom's daughter. If it was tenancy in common, then son's 50% passed to wife (or 50% of that to wife and 50% to kids if kids were not all with wife).
Answered on 1/25/17, 3:39 am
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