Chesapeake, VA asked in Estate Planning and Probate for Virginia

Q: My father's will left me 36 acres of land. It was owed jointly with mom. She sold 5 acres of it without my knowledge?

Dad wanted me & my brother to be co-trustees. My mother redid the trust and named my brother & herself as co-trustees. They tried to keep Dad's will out of my hands. I finally got a copy from her lawyer. Seems fishy to me.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of property. It would be wise for you to have a consult with your own lawyer at which the deed, will, and trust are reviewed.

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