Dallas, TX asked in Real Estate Law and Probate for Virginia

Q: My grandparents passed away intestate years ago in Virginia. My mom & uncle, the only children of my grandparents,

Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their place. The property card on the counties GIS website shows the property as belonging to Mr. My Uncle & (ampersand) Mrs. My Mom. Although Id told them about having right of survivorship put on the property they apparently didn't do that as there is nothing on the property card stating this. Now my uncle has recently passed and surprise, surprise he also is intestate. Now my mother is being told by others that my uncle's only son now owns his father's half of my grandparents house and that he can come either force my mom out of the home so it can be sold or force her to pay him for half the home in order to stay in it. I'm hoping you can let me know if that's true &tell me if she has any options

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1 Lawyer Answer
Shafeek Seddiq
Shafeek Seddiq
  • Estate Planning Lawyer
  • Licensed in Virginia

A: It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and explain what her options are.

Life is full of surprises, this is why most of us lawyers advise clients to see a lawyer before signing documents. It is cost-effective and less stressful.

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