Legal Question in Real Estate Law in Virginia
not in wifes will, but i;m the executor, and truste
My wifes is giving all assets, includeing our home to her kids. I,M currently paying the morgage 25 years but I'M not on the deed, but I Have finanial accoutabily with the morgage company for the home. Am I entitled to the home if she passed awat
1 Answer from Attorneys
Re: not in wifes will, but i;m the executor, and truste
By saying that you have "financial accountability to the mortgage company", I assume what you're saying is that you're on the mortgage(deed of trust)but for some reason are not on the deed itself. You should remedy that situation by asking your wife to add your name to the deed.
I further assume that "her kids" are not also your kids. If that in fact is the case you should ensure that your name is on the deed and that you hold title with your wife in a form what the law calls "tenants by the entireties with right of survivorship" to ensure that the entire interest in the property passes only to you and not any part thereof to your wife's children in the event of her death.
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