Legal Question in Real Estate Law in Virginia

Re: Real estate deed

The authority for my previous answer

derives from this Va. Supreme Court decision dated March 9,1984, entitled Arthur E. Jones, Trading As Art Jones Travel Service v. Sam Conwell, et al.,

314 S.E.2d 61, 227 Va.176, which states in part on pg. 164: "Even at

common law, though there existed a right of survivorship, there also existed the power to dispose completely of one's interest in the joint tenancy so long as the disposition was made during life."

And on page 65 of this same case: "According to Professor Thompson,

it is settled in law that a joint tenant may alienate or convey to a stranger his part of interest in the realty, and thereby defeat the right of the survivor, without the consent of the other joint tenant." 4G. Thompson, Commentaries on the Modern Law of Real Property Sec. 1780 (1979).

Re: Real estate deed

If you have no claim of actual ownership in your

mother's half interest in this property(which you should not if your claim is based merely upon how title is held with her), then your mother is free to dispose of her one half ownership interest in this property in any manner that she chooses, including placing it in a revocable trust, irrespective of what changes that may effect upon how title is held with you or your apparent plans to inherit her one half interest.

And, on further reflection, that may turn out to have been quite a good move on your mother's part for reasons that I will refrain from delving into

any further in this response.