Q: Hello, My friend’s husband unexpectedly passed away 3 months ago. He and his mom were co-tenants on a mortgage for
an apartment where my friend lived with her husband. Now that the husband is gone, the mother is insisting that the apartment belongs to her, and is not even considering sharing any of the money from the sale. There was a will but it was not properly signed. Does my friend have any right to this property? . Thank you
A: First of all, who is on the mortgage loan or the deed of trust isn't relevant. The incomplete and unsigned will is probably irrelevant, though Virginia has some holographic will law that might apply. What generally matters is the deed. If the deed was joint tenants with right of survivorship and pre-existed the marriage, then it passed to the mother upon his death. If the property was purchased during the marriage, regardless of the names on the deed, the widow may well have her husband's title by entireties. And, if the mother and son shared as tenants in common, the widow likely has rights. She should get a copy of the deed, deed of trust, the unsigned will, and her marriage and his death certificate, and she should have a brief consult with a local lawyer.
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