What are my options if my grandfather was not able to change his Will and leave his house to me?

My grandfather’s Will states that everything he owned passes to my mother and 2 step-aunts. I gave up my home to move in and take care of him 7 months ago. He stated to several people that I was to inherit his home. He went to change his Will but was told he couldn’t because he was in hospice. Now my mother and aunts are saying that I have to move out and they are selling the house.

Asked on June 19, 2014 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  Virginia - the state from which you are writing - is one of the few states that allows what is known as a nuncupative or oral will but in limited circumstances. Generally by service men or mariners and only to dispose of personal property, not real property (like a house). If you wish to object to the Will as written you should speak with a lawyer in your area but it can be costly to file objections.  But maybe a consultation would be worth putting your mind to rest.  Good luck.

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