Richmond, VA asked in Real Estate Law for Virginia

Q: My mom and stepdad owned 2 houses. My mom died and stepdad 9 months later (no wills). My mom has 5 children, stepdad 2.

They had no children together. The properties were in my mother's and stepdad's names. My stepbrothers name are on the houses. The houses are now up for auction due to delinquent taxes. Do my siblings and I have any rights to the properties? We are all basically in the city. No one has ever contacted regarding the property. We were told that my stepdad was my mother's beneficiary and once he died, his children became his beneficiaries and we had no right to anything because my mother didn't have a will.

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

A: You need to get thee to a lawyer pronto to run a title search. It matters very much how the houses were titled. That might not matter after the auction. If, however, you have rights, and, potentially, even if you don't, this is one of those times when you might be able to "buy it for the taxes." That involves some manipulations with your half-siblings and the taxing authority before the sale. But, I've helped partially and completely out-of-title relatives make deals with the heirs and the taxing authority to get clear, salable title. It doesn't happen overnight, and it isn't free.

Ross Cameron Hart agrees with this answer

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