Legal Question in Real Estate Law in Virginia
Being sued for breach of contract over grandmother's property
My father pasted away w/o a will. A couple of yrs later my grandmother passed away w/o a will. My sister & myself signed a disclaimer, in an attempt to keep the family peace, thinking our rights would pass to our aunt. We were asked to sign a deed when our aunt tried to sell the house, which we did thinking this was just a formality. Two days later, we discovered our rights passed to the children. Our aunt has requested we sign a new disclaimer to relinquish the children's rights which we don't want to do. She has now filed a claim in Pittsylvania county, VA, however the property is in Carroll county, Va (Galax).
We were not in front of a notary when the original disclaimer was signed but it has been notarized by someone. Also, the couple that was going to purchase the property, which is what lead to the discovery that the rights went to the children, is now living in the house. Our aunt has also removed all the belongs from the house, some before the original disclaimer was signed.
I want to know if my sister & I have a chance of retaining the children's rights. Also, if there is anything we could do to counter-sue or have the original disclaimer disqualified.
1 Answer from Attorneys
Re: Being sued for breach of contract over grandmother's property
You would be well advised to consult with an attorney in the Carroll County area who is knowledgeable in Virginia probate and real property law matters, and who should be able to advise you on a course of action which is appropriate for the situation which you've described.
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