Legal Question in Real Estate Law in Virginia
Purchased Property Owner Deceased Prior to Title Change
I purchased property in Va. from a mans daughter, who had power of attorney. We just had a quick deed fill in the blank for from his daughter to me. I would like to get the property in my name and morgage it to reduce my own financial problems. The man passed away, leaving everything to his daughter, but the will has not gone through probate yet and his name is still on the title to the property. How do I proceed?
1 Answer from Attorneys
Re: Purchased Property Owner Deceased Prior to Title Change
If the decedent's daughter had a valid power of attorney to sell her father's property and the deed was properly executed transferring title to the property to you, then this deed should've been recorded in the land records of the circuit court where the property is located.
If all of the above is true, there should be no need for you to await the probate of the decedent's estate as you should now have title to the property in what is known as fee simple and eligible to obtain a mortgage loan on it.
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