Q: In VA if a spouse dies and gives life estate to spouse of 25 years who isnt on the deed, can that spouse force the sale?
The will leaves all real estate to the 2 daughters. Step mom is quite greedy and is trying to give up her life estate to force the sale to gain a portion of the proceeds....again, the property was not in her name and only in the dads
A:
If I'm understanding, that's an interesting strategy with an interesting resulting countermeasure. I am assuming that the property has a mortgage loan (hereinafter M) that the life tenant (L) is supposed to pay. L cannot sell without signature of daughters (D), but L is allowing the tenancy to go into foreclosure in the hope, slight as it may be, that she will get a portion of the excess bid price over the foreclosure sale. Of course, D could challenge the distribution to L on the grounds of waste, but the legal expenses might exceed the value. I also assume that the grant isn't a grant conditioned on paying M, because, if it is, D has rights to take the property now. Finally, I assume no love is lost between L and D.
Assuming those facts, either (A) buy the M from the lender and foreclose; (B) appear at the foreclosure sale, buy the property either in your own name or in an anonymous entity, and evict; (C) file suit for waste; or (D) pay the M voluntarily to preserve your future remainder.
Not a bad idea to have counsel guiding you, especially with plans A, B, or C.
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