Q: Can an executor change a name on a gift deed in Virginia?
My mother set up a gift deed in my name for her house before she passed away. My brother is named as the executor of her estate. We do not get along well. I want to know if there is any way he could change the deed or take the house away from me after her death, even though the gift deed was made in my name before she passed away.
A:
If the Deed was duly recorded and your mother had the requisite mental acuity to execute the Deed, you should be fine. However, it would help to know the exact type of Deed that was recorded and when it was recorded. For instance, if it was a Revocable of Death Deed and did not get recorded prior to your mother's passing, it would be a void instrument. Don't hesitate to contact an attorney if you need any help.
Dominic Lascara
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