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If mother and daughter on deed to house and both should pass and no will left ,would house go to spouse and remaining children?

Virginia Beach, VA |

New husband and children not on deed. would I need to make a will (Daughter)?

Attorney Answers 3


  1. You do not list enough facts to fully answer your questions (i.e. What spouse? Whose childrend?) Your answer will depend upon who dies first and in matter manner the deed is held (tenants in common or joint tenants with survivorship). It is possible that if daughter dies first, the house (and mother's entire estate) will go to mom's new husband and new husband's children. Even if mom dies first, her entire estate will go to her new husband and then to new husband’s children. This is a common problem where children are accidentaly disinhereited. This can be prevented with proper estate planning. I would contact a lawyer. Most firms (included us) will offer a free consultation.

    The information contained in this message is intended only for the purpose of providing general information and does not constitute legal advice, nor is it a substitute for legal services. By providing this information we are not establishing an attorney-client relationship and nothing contained in this information should be construed to necessarily be applicable to your unique situation. No such attorney-client relationship exists unless a written Fee Agreement has been endorsed by Davis Law Group and the client. You should always engage the services of an attorney to determine which, if any, legal solutions are right for you.


  2. Attorney McCormick asks all the questions that must be answered before you get a proper answer. You need to meet with an attorney to get your plan in order.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. Mr. McCormick has started you in the right direction, as my other colleague has indicated. I am not licensed to practice in VA if this is where mother and daughter died. However, as Mr. McCormick notes, it matters if the deed reads M & D, or M&D as tenants in common, or M&D as joint tenants with right of survivorship. If M&D, it is assumed to be a tenancy in common, and like the subsequent title, each owns a one-half undivided interest that they can pass by will or by the laws of intestacy to their respective heirs. D may be an heir under the will or by the law of intestacy, but may only own her one-half undivided interest.

    If the will reads M&D as joint tenants with right of survivorship, then it matters who dies first for the last to survive takes it all. Then the survivor's will or the state's law of intestacy determines who takes from the survivor, which can be D's husband and children if she survived M.

    A, it is best to be certain what the Deed says, and that they each have a Will. In so doing, as it is usual, absent an accident or illness, for M to die before D, that M, if alive, see an estate planning attorney. If she suffers of Alzheimer's or is deceased, it is too late.

    Good luck. BTW: You should designate which answer you found most helpful. Obviously, not being in VA, I cannot assist, but if you need the name of an attorney, I belong to a network to whom I can refer you.

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.

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