Martinsville, VA asked in Real Estate Law for Virginia

Q: My mother recently passed my father is still living in nursing home their will states my older brother is to be given t

The family home which he has moved into already the home still has a mortgage for 8 more years he is already struggling 6 months in to it if he walks away from it and my dad passes and I assume the home can my brother come and take it from me.

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Salem, VA
  • Licensed in Virginia

A: There's a whole lot more to your problem than your brother moving into the home. What does the deed to your parents for the home say? Was the property in survivorship (tenants by the entirety)? Your father is in a nursing home; how is his care being paid? Is he on Medicaid? If so, he owns the property AND it will likely have to be sold or he loses Medicaid.

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. Find and meet with an experienced attorney in your area – there is a ‘search’ feature that can help you. I suggest you consult an Elder Law Attorney - especially for your father. To find an Elder Law attorney you can search here or go to the Virginia Academy of Elder Law Attorneys website at

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