Legal Question in Wills and Trusts in Virginia
my mother has lifetime living rights in her home now my brother, whose name the property is in is writing over all property to someone else. Does this void out my mothers living rights since the land will not be in my brothers name?
Asked on 9/26/10, 11:23 am
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, your mother's life estate cannot be voided without her agreement and therefore any attempt by your brother to convey title to someone else without her agreement will result in a so-called "cloud" on the title which will likely prove very problematic for any prospective purchaser of this
property.
Answered on 10/01/10, 5:05 pm
Paul B. Ward
Law Offices of Paul B. Ward
BUT, check the paperwork to be sure she has a properly granted and recorded life estate.
Answered on 10/04/10, 9:17 am
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