Legal Question in Wills and Trusts in Virginia
I recently found out I am to appear in court Jan. 26th for a partition case. No one has contacted me either by phone or mail as of yet. Because of financial difficulties I need to do this on my own, I am already dealing with legal aid in my state.
my step mother contacted me 2 years ago with a sob story about all the bills my father left her with this is after he had passed away in 2005 she never let me know. Nor did she tell me that they had been divorced in 2003.
When they married the home was bought with a right of survivaship, after a divorce does this not change? there is not a will and he has 2 children by this woman who have give her a quickclaim to their share.
She is stating that I own 1/6 of the property which according to all I have read is not right. I need to know what information I need to collect in order to prevent this from happening. The home is in VA and I am in Oh.
1 Answer from Attorneys
When your father and step mother divorced, the survivorship terminated and they held the property as tenants in common (presumably of 1/2 interest each, but that could be rebutted if he paid more than she and there was no determination of their respective interests at the time of the divorce, either by agreement or by a court).
Assuming they each owned a 1/2 interest upon his death, and he left no will, his estate would go to his heirs, who are his children. Assuming again that you had no siblings by him and your mother, you are one of three of his children, and your interest in the entire property would be 1/3 of his 1/2 interest, which is 1/6.
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