Legal Question in Real Estate Law in Virginia
Survivors Deed
What is a survivor's deed? How does it work? If there was already a will made by a husband and wife, leaving certain areas of land to certain children and they both have passed away, can the will be changed?
2 Answers from Attorneys
Re: Survivors Deed
State law defines what you call a "survivor" deed but generally, it refers to a situtation where two (in most cases a married couple)buy property and have title placed in their names in such a fashion where the survivor of the two receives the title. In Kentucky the parties would each receive a life estate and the full title passes to the survivor. A will cannot defeat this. When a person owning a life estate dies, he has no further interest in the property to pass on. The property passes to whom the deed says and not the will. In answer to your question about changing the will, only the person making the will can change it. Once he/she dies, it cannot be changed.
Re: Survivors Deed
My view is that it would be necessay to review the will in order to answer your question.
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