Legal Question in Wills and Trusts in Virginia

My husband of eleven years just died intestate with our home titled in his name only. His two daughters from a previous marriage have agreed that it was his wish that I remain in our house until I die, at which time the equity should be split 3 ways between 1,2) the two of them and 3) my two daughters. However I am expected to continue to make the mortgage payments on the house (there is a $110k mortgage on a $220k house). Is there any way to make them help with mortgage payments, or increase my daughters share of the equity when I die, since I'm the one making the payments?


Asked on 11/09/09, 3:24 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Since you were not formally given a life estate by your deceased husband, you have no particular right to remain in the house, occupying it exclusively for the remainder of your life. And, therefore, before your question might be addressed, one would need to know (in my opinion) the fair market value or going rate for a monthly rental of similar size, amenities, in that particular neighborhood, etc., (reasonably extrapolated actuarily for the remainder of your life), compared to what your monthly mortgage payments will be for roughly the same time period.

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Answered on 11/14/09, 5:08 pm


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