Legal Question in Wills and Trusts in Virginia

Before my wife and I were married, we bought a house, put it in both our names and pick "Right of Survivorship" on the deed. Now she passed away with enormous credit card debt in her maiden name only. Since she was Insolvent, I don't want anything to do with probate. The girls at the York County courthouse say I have to file a Real Estate Affidavid in probate. Is this right? She had a small investment that would get eaten up if we went with the Small Estate Affidavid. Should I wait 3 years until it get turned over to the state and go after the money then?


Asked on 5/10/12, 12:31 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

There's not enough information to give definitive answers to your questions. If her debt can still be the subject of a law suit against her estate, that could result in the credit card creditors filing suit, getting a judgment, then taking her investment asset. If the non-real estate assets she had are not sufficient to pay the judgment, the judgment would be a lien agains her interest in the house.

If the debt is so old that her estate could claim that the statute of limitations had run (a pretty complicated scenario) then the credit card creditor(s) would have no recourse against her estate assets, including the house.

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Answered on 5/11/12, 8:00 am


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