Bluefield, WV asked in Contracts and Real Estate Law for Virginia

Q: Wife has RTO notarized contract on home from step dad. He was diagnosed with cancer and has days. Is contract good stil?

They had a contract notarized and we’ve made every monthly payment on time and have receipts. Her stepdad was sick and went to hospital and diagnosed with cancer and told he had days to live. My question is in the state of Virginia will that contract still be good? We’ve put so much money into this place and made it our home and hope we don’t lose it. We’ve been here for approximately 18 months. Any information would be great. He DOES NOT have a will and testament. We have been trying to get someone to go to the hospital to make one with him and the doctor said he would sign a paper stating he’s of good sound and mind to do so but he was told he might live 48 hours this morning. So he’s supposed to be coming home tomorrow from Salem Virginia hospital. Please let me know.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: In Virginia, generally when a person signs a contract that person must be competent and have capacity. This will require testimony from witnesses. It may be subject to a Court case to test the validity and enforceability of the contract that you referenced.

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