Can a home with a VA loan be inherited?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a home with a VA loan be inherited?

My father has a primary residence that is a duplex in R VA loan on it. He has a living trust he had a lawyer create in CA when he was living there We are all in OR now and have not added this property to his trust. What would be the best way for him to go about leaving the property to me when there is a VA loan on the home? There seems to be a lot of stipulations and rules with VA mortgages due on sale clause triggers?

Asked on September 24, 2019 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Any mortgage, especially a VA loan, must be paid off before the property can be transferred, and all commercial mortgages will have a due on transfer or sale clause, so that if the property is transferred, the mortgage becomes due in full immediately. Mortgages also become due when the mortgagor (the borrower)( dies. To make sure that home can be left to you, he has to pay off the mortgage or makes sure it is paid off when he passes (e.g. have a life insurance policy for enough to pay off the loan).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption