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
Mr. Andrew T. Bodoh
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.