Legal Question in Wills and Trusts in Virginia
My husband's father passed away three years ago and had no will. He had a peice of property
valued at about $150,000. Shortly before his death, he told my husband to make sure he claimed
his half of the property with his (My husband's) brother receiving the other half. We live in Virginia
and his brother and the property are in New Jersey. A few months after his dad's death, the brother called and informed my husband that he sold the property. When my husband asked how much he sold it for, he said " $150,000, and I spent it all". We didn't persue this because since there was no will, we didn't think it would be worth the fight. But I recently heard that when a parent dies without a will, that parent's property automatically goes to the children to be divided equally. Is this correct, and if so, since it's been 3 and a half years, is it too late for us to do anything?
Thank you so much.
1 Answer from Attorneys
Yes, that's correct and the brother in New Jersey then apparently sold the inherited property to a third party purchaser with a cloud on the title since your husband never agreed to it nor signed any documents incident to the sale of this property.
Consequently, the brother in New Jersey is likely liable to your
husband in the amount of at last $75K and could be sued in the appropriate
court in New Jersey for that amount. (You would be well advised to
contact a New Jersey attorney who handles probate and real property
law matters for further advice.)
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