Legal Question in Wills and Trusts in Virginia
estate
My father passed away 33 years ago and left no will. My mothers name was never put on the deed , resulting in myself and 4 other sibblings getting the FARM. My mother got life time rights to the house only. My 2 brothers have been farming the land since the death of my father in return they pay the land taxes. My mother passed away 6 months ago and I would like to know how much time do I have to make a claim to my part or is there a waiting period..?
1 Answer from Attorneys
Re: estate
Waiting period for what? In order to acquire legal title to the farm(there being no will), the heirs at law must file an affidavit of heirship with the local probate court in the jurisdiction where the property is located. It is this affidavit that will allow the names of the new owners to be added to the deed to the property.
There is no need to wait; sooner is better than later to get this taken care of.
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