Legal Question in Real Estate Law in Virginia

My stepfather died two years ago my mother lives on land ,his sister signed the

My stepfather died two years ago leaving as we thought the land to my mother. Who is now currently living there the mortgage was paid by both of them. But the problem is that my stepfather due to certain circumstances had to sign the deed over to his sister. Now two years later she wants my mother to pay around 45,000.00 for the land and in order to share land as far as sole survivorship is concerned. Can that be done, what can my mother do??? HELP


Asked on 9/24/03, 5:25 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: My stepfather died two years ago my mother lives on land ,his sister signed

If your mother was never listed as a joint owner on the deed, and the property was held soley in the name of her now deceased husband (your stepfather), he was free to deed it over to anyone, including his sister.

If that is the case, your mother's only recourse may be a suit in the circuit court to establish her equitable claims against the property based upon her contributions to the value of the property she made while living there and the mortgager payments which she jointly made with her husband.(The foregoing assumes that the sister is unwilling to work out any kind of a settlement.)

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Answered on 10/03/03, 3:53 pm


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