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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 6 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. 


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 AttorneyPages.com 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 with SHA-256 Encryption