Legal Question in Elder Law in Virginia

Can Aunt live in deceased sister's home?

One of my aunts passed away in February. She has two sisters and one brother living. All fo the other siblings have passed away. She has no husband or children. One sister is in need of a home. Is there any way possible for her to live in her deceased sister's home? She has been paying the utility bills and taking care of the home since her sister was put into hospital nine months ago.


Asked on 7/27/03, 7:19 pm

1 Answer from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: Can Aunt live in deceased sister's home?

Its not entirely clear but it appears that the decedent was survied by three siblings. I understnad that there are no other legal heirs.

The first consideration is to look at the decedent's will, if any. If not the three survivors each would take one third of assets assuming that she died a resident of Virginia. As to the payment of of rent, etc. there might be an implied in law contact for reimbursement, but if the payments were made purely voluntarily, it could be a close question.

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Answered on 7/28/03, 5:54 pm


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