Legal Question in Wills and Trusts in Virginia
death without a will
iI have a uncle whom just died and I've leaved with him for 4 years. He has a nephew by blood thats trying to get the house. I'm related by marriage , he married my aunt is also deceased whom both there names are on the deed. But before he got sick he gave me the deed to the house. this nephew never came around to see him and sometime passed by and didn't speak or stop by. what can I do in thie situation.
1 Answer from Attorneys
Re: death without a will
Unless your name is on the deed, your claim to the house must necessarily be premised on your relationship to the deceased since he apparently died without a will.
And, if there was no blood relationship between you and this deceased "uncle", then his nephew's claim would likely take priority over yours under Va. Code Sec. 64-1.1.
You might wish to schedule a consultation with an attorney in your area who handles probate matters who could further advise you on this particular matter.
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