Boones Mill, VA asked in Real Estate Law for Virginia

Q: What do you need to do to get a gift deed off of a home when the notary was family and now says she owns part of home?

The home was owned jointly and equally by my husband his father mother and sister. No one gave any art of it away. My husbands niece says years ago after his mother passed that the 3 remaining owners signed over part of the home to the 2 remaining sisters but the gift deed wasn't filed with the court until after his father passed in 2021 and his sister in 2019. There's way more to this than I can really go into here. But I'm about sure it's illegal to notarize anything for family or you will benefit from financially. Since her mother passed she now owns part of the house she says. If I'm wrong than I'd like to know but if I'm right what do I need to do?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Your description is complex, and the details are critical. The matter is also likely to be time-critical. Any opinion rendered without reviewing the documents and the facts, and likely after some light research on race (not ethnic, but means of filing) recording and duties of notaries in your state, will be nearly useless and potentially hazardous. Buy a consult with a lawyer and lay out the facts. Now.

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