Legal Question in Wills and Trusts in Virginia

Re: Death of Father

Probably yes.

The real question is who owned the house at your father's death? This first depends on whether he had a will or not. Obviously who the will says gets what controls.

It also may depend on what the deed says, which is almost certainly publicly recorded. Some deeds are written in a way that the other spouse automatically gets the house such as "rights of survivorship."

If your mother inherited the house or obtained it by the deed, then she owes it 100%.

If there is no will, and she is not your step-mother, than she inherited the house 100% on your father's death:

� 64.1-1. Course of descents generally.

When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:

First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.