Legal Question in Real Estate Law in Virginia
rescinding a deed
This is a very complex matter..My husband sold his house for a dollar (via life estate deed). At the time he had recently lost his wife of 58 yrs. had severe rheumatoid arthritis,dinking more than he should. The original deed was incorrect, and the commissioner of revenue intsructed him to take it back and get a deed of correction. Seven years later we got married, and then he discovers after taking the deed to another attorney that the deed of correction could be challenged by his 7 adult children due to the fact that they did not sign the agreement. Can he rescind the deed? He had no idea that the deed was irrevocable. I'd also llike to add that they (the children) failed to take care of him, and make needed repairs to the home as stated in the deed. We are frightened at the fact that he could be forced to leave his home at the age of almost 91 yrs. old. Any help you can provide would be most appreciated, as this ordeal has almost destroyed our marriage. We have cried and prayed many days and nights. His children neve mentuioned or explained anything about the deed to him until 4 days after our marriage....
1 Answer from Attorneys
Re: rescinding a deed
You should arrange for a consultation with a local attorney who is experienced and knowledgeable with real property law and real estate matters in order to discuss this situation, and to review the deeds
and other related documents(if there be such), and who should then be able to advise you and your husband on a proper course of action.