If my parents died and both names are on the deed but my dad’s Will left everything to 2 of the 3 surviving children, since my mom’s name was on the deed will it be divided between all 3 children?

I am being told that because my mother’s name was on the deed that the real estate will be divided between all 3 children. Is that correct? Both my parent died within the past 18 months.

Asked on July 13, 2015 under Estate Planning, Virginia


Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law

Answered 5 years ago | Contributor

You indicated that both names were on the deed but later stated that your mother's name was on the deed. I would need to know who died first.  If I assume your father died first, then if his will leaves everything to your mother and she died after the requisite time after he died, then the hoouse would go to her/her estate first and then pass under her will.  It does not matter that the home was not actually transferred to your mother's name alone before her death. 

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