Legal Question in Real Estate Law in Virginia
Personal letter requesting giving up rights to estate property
My aunt passed away in 2003 without a will. All of her debts have been satisfied and the only remaining item is her home. There is no mortgage on the home. A year has passed now, and another relative would like to live in the home. She mailed a typed letter stating to the approximately 20 siblings and their children stating she would like to acquire full title to the property and would like everyone's agreement. The letter is in personal form, typed and signed by the person who wishes to acquire the title. As of now, one relative has already hired an attorney and does not agree with this decision, and several others do not wish for this to happen as well. The most anyone is willing to do is give Life Rights to the home and have the home revert back to the family at her death. She only requested that a phone call be made to her or the letter returned stating everyone's wishes. Is this letter a valid legal document? If it is signed and returned to her will it stand up in court or is more needed to make this a valid agreement? When it is signed are all rights in the property automatically gone for that individual?
1 Answer from Attorneys
Re: Personal letter requesting giving up rights to estate property
The letter should not be considered a "valid legal document" effecting a conveyance of a life estate in the property to the letter's author by those of indeterminate number who jointly hold legal title----no matter how many of the signatures of these owners are affixed to it in impressive array, ostensibly signifying agreement to the life estate arrangement.
If it is truly the intent of the joint owners to allow for this relative to receive a life estate in their jointly held property, then the services of a qualified atttorney should be engaged to prepare and record the documents of title required to make the transaction legally valid.
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