Legal Question in Real Estate Law in Virginia
deed sole estate, free of control rights present future husband
this is concerning a long detailed deed.i wish i could send a copy.one lawyer said it didn't matter about the husband,that he could still sign a transfer of deed. this does not make sense ,why put the statement in the deed if it can't be enforced,and if it does not matter?this deed has been in effect for 20 years. 3 months before she passed away,he claims she signed a transfer of deed, she was not capable of knowing what she was signing,if she did at all, it does not appear to be her signature,it states that any present or future husband is excluded,and with full and complete power in and to the party of the second part''being her'' to devise and otherwise dispose of the hereinabove described real estate by her last will and testament.so long as husband is alive he may occupy the property,however, he is still in nursing.need to sell the property to pay funeral and other expenses. i know i will have to try and obtain attorney, because we don't beleive she signed anything, and how could it be any good according to original deed? the transfer deed also states:no title examination done by attorney preparing deed.no title certificate issued.thanks for reading- i'm afraid this situation is like one of the old ''beleive it or not'' stories!
1 Answer from Attorneys
Re: deed sole estate, free of control rights present future husband
Sole, separate, equitable estates were abolished by act of the General Assembly and made retroactive. The property would pass per the owner's will, by intestate succession, or by the deed assuming such deed is valid.
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