Legal Question in Wills and Trusts in Virginia

Re: mortgage,wills

This will be a difficult question to answer with the information you have provided. When property is owned tenants by the entirety, both parties must grant the deed of trust or there is no lien on the property. The lender is unsecured, just as if it were a credit card lender, for example. Other forms of titling the property would allow the lien to attach. I urge you to seek legal counsel promptly to assit you in sorting out what you may be able to claim from your husband's estate. There is a time limit on claims to the "augmented estate."