Legal Question in Wills and Trusts in Virginia

My father died intestate in the state of VA. He was in the middle of a bitter divorce at the time. The mortgage was in his name only. The deed is named as �right of survivorship". His �spouse� is not an American citizen. I have been told that under VA law that she gets the house and it's equity, but further that because the mortgage was only in father's name it is considered a debt of the estate. My siblings and myself, born by a previous marriage, have been told that we need to pay off the house as a debt? This will make the Estate insolvent. Is this true?
Thank you in advance for any information you can provide.

Asked on 12/01/10, 1:55 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, neither you nor your siblings would have any responsibility for paying off this

house as described whose ownership apparently has already passed to your

deceased father's surviving spouse. Whatever debts your father owed at the

time of his death would be owed by his estate, but if there are insufficient

assets in his estate to pay them, they would not be your responsibility nor that of your siblings.

Answered on 1/09/11, 8:34 pm

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