Ashland, VA asked in Estate Planning for Virginia

Q: WHEN SOMEONE IS GIVEN LIFETIME LIVING RIGHTS AT THE TIME OF DEATH IN VA. DOES THIS HAVE TO BE RECORDED IN THE DEED

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1 Lawyer Answer

A: Does it have to be, no. It sounds, based on the limited information presented, like it should be. If someone has a right in a piece of real estate, that right exists even if it is not written down. The problem is that right can be taken away far more easily than if the right was written into the deed itself. You should have the Will, perhaps Trust, and the deed reviewed by a real estate or estate administration attorney.

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