Charlotte, NC asked in Real Estate Law for Virginia

Q: I have a home in Fairfax, VA that I paid almost 80% of the property, but I still have 15 more years to pay it off .

I want to refinance my house with a better interest rate but I am in my 70's and I want to leave the house for my children What should I do? I don't think they will qualify for a loan themselves, but if I do refinance they will definitely be able to keep paying the mortgage. What would if happen if I am not alive will the property be in their names or what should I do

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2 Lawyer Answers
Shafeek Seddiq
Shafeek Seddiq
PREMIUM
Answered
  • Reston, VA
  • Licensed in Virginia

A: Your question involves mortgage, real estate (deeds), and wills issues. You can certainly do any of the things you want, but to achieve your twin goals of leaving the house to your children and them being able to keep it by paying the mortgage may be achieved after you speak with a lawyer and provide a bit more information. For example: you can refinance and you can add your children to the deed now (assuming you are the only one on the deed), you can write a will and leave the house that way, you can leave the house by a transfer on death deed, and you might have other options after the other information.

This is not a legal advice nor any attorney-client privilege or relationship is established.

Ross Cameron Hart agrees with this answer

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: You know that 'whack-a-mole' arcade game where 'moles' pop up and you take a club and knock them back into the hole? Estate planning is a lot like that. You need a comprehensive review of your situation and a coordinated plan - failure to do that can seriously reduce what your children receive on your death. Elder Law attorneys excel at this type of work. To find an Elder Law attorney you can search here or go to the Virginia Academy of Elder Law Attorneys website at www.vaela.org.

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer.

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