Legal Question in Wills and Trusts in Virginia

Re: Settling of Real Estate (Heir Property)

You say you can write the agreement yourself to resolve this prima facially complicated land title-inheritance situation. When did you last sit for and pass the bar exam in the Commonwealth of Virginia? Furthermore, any attorney who would be foolish enough to attempt to fashion a deed for this dubious operation under your direction should probably be the subject of disbarment proceedings.

Your arrogant and misconceived notions and proposals to resolve this matter are truly absurd and I must say, in some measure offensive(in their potential for harm).

Go see a lawyer who knows about real property and probate matters in the city/county where the property is located and forget about trying to play lawyer on your own with a matter that could have very adverse consequences if not handled in the legally correct manner not only for you but for other members of your family, and, if not immediately, then very likely at some future time.

Re: Settling of Real Estate (Heir Property)

Although I try to give meaningful answers as much

as possible on this board, I think that this is

one situation that is more complicated than the

usual question, and I recommend an attorney. If

you were not so far away, I would stronlgy urge

you to come and I would be happy to take the case.

First, your suggestion depends upon everyone

agreeing, which might not work. It also is

tricky enough that I would not try to do it

yourself. I have a client who has spent over

$20,000 litigating the purchase of a house

instead of spending a few hundred dollars to have

a lawyer write up the sales contract.

Second, advertising the problem to the other

heirs might just invite trouble. While this is

the reverse of my normal advice, it might be

better to just file a suit to "quiet title" and

have them not respond, then to beg for their

signature and have them get ideas.

Third, it is NOT inconistent that your

grandmother bought the property at a tax sale

yet the deed record were never updated. It was

really your grandmother's responsibility after

buying the house at a tax sale to record a new

deed. If she did not do so, it does not make her

purchase invalid. But there might not be a

record of it.

The problem will be that your grandmother will

need records to prove what happened. And that

could be a big problem. The problem is not her

rights under the law. The problem is proving

the facts of what actually happened. She should

search for anything she can find along those

lines, whether in her papers or in official

records. Don't overlook the Commissioner of

the Accounts and the probate section of the court.

Fourth, there is another possibility, a legal

principle called "adverse possession." Under

this legal rule, if you claim property as your

own for more than 15 years, any one else's claim

to the property is cut off. It is essentially a

statute of limitations. No claim against your

grandmother's interest can be brought when late.

However, there are half a dozen tricks and trap

doors in "adverse possession." For example, if

you use property with PERMISSION of the true

owners, that doesn't count. Your grandmother

would have to prove that her claim of right

was both (a) known by and (b) adverse to any

claim by the other heirs. The tax sale might

help show that.

So, I would recommend a suit "to quiet title"

based on both the tax sale and/or adverse possession.