Legal Question in Wills and Trusts in Virginia
Property---who has rights?
My mother husband is extremely sick and not expected to live long. He has a plot of land that is approximately 1 acre. Her husband purchased this land in 1967 and his name is the only one on the deed. Her husband has grown kids living in the same town.
Question: Will the property automatically revert to my mother? Do the kids have any claim to the property? Will the property need to go into probate or will it be automatically transferred. How does she ensure no unnecessary taxes are incurred with the transfer of the property?
1 Answer from Attorneys
Re: Property---who has rights?
If your mother's name is not on the deed,
holding title jointly with her husband with rights of survivorship. the property will not be automatically transferred to her and must be probated as part of her husband's estate. If there's no will, she would likely receive no more than one third of the value of this estate with the two thirds going to the husband's surviving offspring. (If there is a valid will, she would receive whatever the will gives her.)
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