Legal Question in Wills and Trusts in Virginia
My in-laws passed (one in 1999 and one in 2000) leaving everything to their 4 sons. The estate went through probate. They had 4 properties and 3 of them have been changed to all 4 boys names. They have been renting out the house their parents lived in and my husband and I have recently taken over managing the house. I noticed the personal property tax bill is still coming in the fathers name. I did a property search and found the house is still in his name after 10 years. Is this legal? What are the repercussions from this? I have kept current on all person property bills.
2 Answers from Attorneys
Assuming there was a will, an executor's deed should've been executed and recorded showing the devise of the property from the parents to the four sons. You should now arrange for a consultation with a lawyer who handles probate and real property law matters who should be able to advise as to how you can get a proper deed prepared and recorded which will show the sons as the true owners of the property.
It is improper for things to be that way. But the word "illega' can have different meanings.
It is not "illegal" in the sense that anyone would get in serious trouble. However, it is WRONG in the sense that it should not be done that way. But I don't think there are any serious consequences except confusion and complication. Eventually when someone wants to sell the house or get a mortgage it will be a bit of a mess.
As Michael notes, the probate process was INCOMPLETE. Whoever was the executor did not do everything that should be finished.
The executor needs to retitle the property according to what the will guides.
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