Legal Question in Real Estate Law in Virginia

Re: Name on Deed of Trust

When your mother passed on, assuming she had no will (and assuming the deed does not say anything giving it to heirs after her death), your father became the heir of her half of the house, and he now owns the house 100% despite what the deed says (because the co-owner is deceased).

This is true most of all because a spouse would normally inherit everything. So the co-owner on the deed is also the heir inheriting everything from your mother. It would NOT necessarily be that way if your mother's heir was someone other than your father.

When your father passes, however, there is a different rule for a second or later wife.

At your father's passing, EVERYTHING that he owns (collectively, after accounting for debts) would be divided between his surviving 2nd wife and the children of his 1st wife.

That special rule applies specifically and only when there are children of one wife and a different wife surviving.

That is because when the 2nd wife passes, you will not be in line to inherit anything from her.

If I recall, the division is 1/3rd and 2/3rds. But I would have to look that up.

Because the deed does not control who gets the deed -- because in this case the only other person named in the deed is deceased -- it would be included in the pool with everything else together.

If the entire pool cannot be divided without selling the house, then the house would be sold OR the person who wants to keep the house would have to buy out the other.

I don't know whether you would be in a position to discuss this with your father well, but this would be a good reason for LIFE INSURANCE for your father, to at least pay off the mortgage on the house (ASSUMING that it is his goal and his wife's goal for the wife to remain in the house) and possibly provide for more than that for her to live on.

While that would help her stay in the house, it would also help her have the money to buy you out from your share of his inheritance.