Legal Question in Real Estate Law in Virginia

My mother died suddenly on July 24, leaving a home w/ at 380,000 mortgage This house was in her name only. Can we continue to rent to the current tenants or must we sell it? The tenants would consider a rent to own option. There are 4 siblings, but we are each financially unable to take over the payments of the mortgage on our own.

Also, approx. 4 months before my mother's death, she put her second home (one that she was living in) in my sister's and my name. This home was paid in full, with no mortgage, leins, etc...we have a clear title. Can it be taken from us to pay the bank loan off on the 1st house? Thankyou in advance, Fonda


Asked on 8/04/10, 5:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The first home referenced in your question belongs in your deceased mother's

estate and will need to be sold to satisfy creditors (first and foremost the

lender of the funds for the purchase of this home).

The second home (assuming you have clear title) cannot be taken from you and your sister by the bank which lent the money to your mother for the purchase of the first home.

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Answered on 8/09/10, 9:01 pm


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