Legal Question in Real Estate Law in Virginia

Rent collected

My mother gave me a piece of property in 1971. at that time I had power of attorney. She could not sign her name at that time so I signed it ''attorney in fact''. I am trying to sell the property now, and my nieces think they are entitled to half. I have been collecting rent for 11 years. How far can I be forced to go back to give them 1/2 of the rent?


Asked on 5/09/05, 10:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rent collected

If your mother gifted you the property 34 years ago with no part of the gift going to your nieces(or to their relative from whom they could inherit, e.g. your sister, if you had one)), why now would you be required to give them anything, much less half the rents you've collected?

Of course, if there's some question as to the circumstances under which the property was given to you and, perhaps, even whether there was a gift at all, and now the nieces are claiming a share under the state's intestacy laws, that, of course, would present the matter in quite a different light about which you would be well advised to consult with an attorney who is approppriately knowledgeable in the laws governing powers of attorney, real property and probate matters.

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Answered on 5/10/05, 4:55 am


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