Legal Question in Wills and Trusts in Virginia
Upon the death of my Mother, her will gave lifetime living rights to a daughter and son as long as they could pay the real estate taxes, house insurance, and keep the property up. If they do not keep the property up, pay the taxes, and insurance, then the executor, another son, has the right to sell the property and divide the assets from the sell of the house to her son, daughter, with living rights and she said it was to also go to another son, the executor, and another daughter. I was totally disinherited from her cash money as stated in her will... but am I entitled to a portion of the assests from the sale of the house since she did not specify who or how the property assets were to be divided upon the death of those given the living rights.
The deed to the house is in my Mother's name...does the deed to the house have to be changed? I had my Mother a nice one bedroom apartment, with living room, dining room, bath, and a nice fireplace built for her and she lived here with me for a year. I went into debt to have the basement completed. My siblings kept believing I was going to take all my Mother's money upon her death and they coaxed her to come live with them in a different part of the state. They took her to change her will...her will prior was totally divided between all her children. She was 87 and not in good health when she changed her will.
1 Answer from Attorneys
While it is risky to express an opinion without seeing the documents, it sounds as if you would not have any right to the proceeds of sale of the house under the will as changed when your mother was 87. If the daughter and son who have living rights die, the house would go as your mother directed the executor to do if the daughter and son did not keep up the payments and the property.
If you believe your mother was coerced into changing her will, or was not competent to make the new will, you could challenge the will in court.
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