Q: I inherited my parents house and land upon their death in 2013 and 2014. I am trying to obtain a mortgage to do some
home improvements. The Title company is saying that the Probate was filed incorrectly and the property is not titled in my name per their search. However, my name is listed on the property at the county Commissioner of Revenue and I pay property taxes (2 years). What other documentation do I need to prove ownership to the Title Company. They keep saying when they search the title, it is still in my fathers name. What am i missing? Why would my name not show up on the title search? Per VA law was something not filed? My understanding is that I do not need a title or deed from property that is inherited. Any help is appreciated.
A: Obviously, if you can't close, there is a problem in the title. You need a title search and a probate attorney with experience in real estate and a license in Virginia. A CRESPA license to go with a Bar license would make the solution cheaper and easier. I'd guess it is an easy solution in Virginia, because property passes to the heirs at death subject to the PR's petition to the court to sell. But, there often needs to be a proper probate to establish the heir or devisee. This is all quite fixable, but tax records and the tax role as to who is paying the taxes has no bearing on who owns the property. That is a common -- and utterly baseless -- predominantly Southern myth. If you let the same lawyer close the transaction on the loan when they fix the probate, they might be able to roll the fee into the loan. Good luck!
A:
The problem may be fairly simple and may be something like failing to record the final decree in the probate case or to record a Deed of Executor or Administrator showing you as the new title owner of the property following completion of the probate case. Check with the attorney that handled the probate for clarification. The title company is looking for a document in the land records showing that the property was officially transferred from your father to you -- which would have been one of the main purposes of the probate case.
And yes, you do need a court decree or some other document like a Deed that legally transfers title from your father to you. Land titles don't automatically go from father to son without legal recognition that (a) dad has died, (b) that you are his son, (c) that for whatever reason (e.g. a valid Will, intestate succession and you're the sole heir, etc.) you are the person entitled to the property, and (d) having the Court actually make a ruling that the property is now yours. Then that decree or order or Deed gets recorded in the land records, the Title Company finds it, and clear title can once again be transferred by sale. Contact your probate lawyer or another one and get specific advice on your situation. Good luck.
PS: My comments here are for general information only and are not legal advice on your specific situation nor do my comments establish and attorney-client relationship between us.
A: You need to hire an attorney to help you file the appropriate docs.
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