Legal Question in Real Estate Law in Virginia
Real Estate
My mother, father, and me were listed on a deed to 25.52 acres of land, the deed states ''unto said Grantees, tenants by entirety, with rights of survivorship as is common law.'' My mother and father have passed away, I'm having a hard time obtaining the land, because of how the will is stated. I have an attorney looking into it, but he's not very reassureing. Any suggestions or your opinon on how much of the land is mine? Am I entitled to the land since I was listed on the deed?
2 Answers from Attorneys
Re: Real Estate
The will would be irrelevant, if the deed is written as you say, then you are the owner of the land, and that was true instantly, I mean seconds, of when both your father and your mother passed away.
Are you sure that ALL 3 of you are listed as "joint tenants with rights of survivorship" or only your mother and father?
If all three (3) of you are listed as tenants with right of survivorship, then your parents' will only governs what your parents owned at their death. The deed operates independently of the will, and automatically transfers the land to you upon their death.
That is the meaning of a rights of survivorship.
However, I don't know how you can say that the deed says "tenants by the entireties" that could ONLY apply to husband and wife.
Re: Real Estate
While the entireties language would seem only to apply to your parents, it would seem that a joint tenancy with rights of survivorship was created, and that you are therefore the sole owner, provided nothing happened at any point to sever the unities of the joint tenancy. I'd be pleased to look at the deed and at any arguments being made by any other claimant to the land and advise you.
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