Legal Question in Wills and Trusts in Virginia

Re: no will

Well, the issue is not the mortgage (the money owed on the house) but the deed (who owns the house).

Some deeds are written as joint tenants with right of survivorship or tenants by the entirety with right of survivorships.

That means that the house AUTOMATICALLY is owned by the other person alone when the one person dies.

But if the deed on the house is NOT written that way, and there is no will, then on his departure, ALL of his property and money -- including the house -- will be divided:

1/3rd by the surviving spouse

2/3rd by the children from a previous marriage.

(If the chidlren were from the same marriage, then the surviving wife would receive 100%, because her children are also her own heirs when she dies).

So if he wants his wife to have the house when he goes, at least to live on during her lifetime, he needs to write a will saying so.

Unless the deed ALREADY has the "right of survivorship" with both spouses named.

Actually: BEWARE if the deed has the "right of survivroship" mentioning the FORMER wife.

SO you have to look at the deed anyway.

These days, many of the deeds are on-line with the County government. But they are in the deed records of the County Clerk's office in the Circuit Court where the land is lcoated.