Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does this mean?
A: Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively transfer the remaining property and the fact that some parcels were conveyed out doesn't invalidate the gifting of the remaining property. I hope I re-phrased your question properly.
Anthony M. Avery agrees with this answer
A: In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly negotiate with the new owner.
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A: If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address for tax notices.
A:
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the county or city land records where the property is located.
Second, a will is deemed to speak as of the date of death of the testator. A will is revocable by the testator at anytime up to the time of death.
Third, ademption by extinction refers to a situation where property addressed in a will no longer exists at the time of death. Virginia has a nonademption statute, Section 64.2-415 that applies in certain instances, such as disability or action by an agent.
You should consult with an experienced Virginia probate lawyer to discuss which issues might apply to your particular situation.
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