Norfolk, VA asked in Appeals / Appellate Law, Probate and Real Estate Law for Virginia

Q: Can I file a declaratory judgment on a case that has been appeal to circuit court

my aunt signed a binding agreement with me stating she would leave me her house upon death if I would give up my home to move in with her and take care of her, I took care of her for over 4 yrs. preventing her from entering a nursing home. She passed and the house went to her stepdaughter in a will. She took me to court for an unlawful detainer got possession and I appealed it in circuit court. Can I file a declaratory judgment on the stepdaughter, or do I just present my evidence, letter, receipts, photos etc. I put a lot of equity in this house. I'm having a jury trial

1 Lawyer Answer
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq.
Answered
  • Richmond, VA
  • Licensed in Virginia

A: You can pursue a declaratory judgment action, but you are likely in a difficult position if you did not have a written and duly recorded agreement to receive the house. You should consult an attorney.

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