Henrico, VA asked in Real Estate Law for Virginia

Q: do I have right to my parents house when I am the steps daughter to my dad real daughter to my mom

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2 Lawyer Answers
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: There are at least three answers to this question depending on facts you didn't provide.

If step-dad and mom owned the property in survivorship and

1) Step-dad died first, then you will have an interest when your mom dies unless she left a will providing otherwise.

2) Mom died first, then you do NOT get an interest in the property unless your step-dad left a will providing otherwise.

If step-dad and mom owned the property "in common" (no survivorship) then 1) and 2) apply to each half-interest.

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: You don’t have a “right” to anything you didn’t earn, and your parents can will it to anyone they wish, except that spouses have limited rights to each other’s property upon death. If your parents each make no will and thereby die intestate, leaving no children of one that are not children of the other, the surviving parent inherits all. If there are children of one that are not children of the other, it is 2/3 to the children and 1/3 to the spouse. This can get complicated, and wills make it much simpler.

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