What happens when a brother and sister have a survivorship deed but the brother has the va loan mortgage and he is deceased

Asked over 2 years ago - Temple Hills, MD

The decedent has a son can he assume his father's part of the home?

Attorney answers (2)

  1. Thomas C Valkenet


    Contributor Level 18


    Lawyer agrees

    Answered . Upon death, the dead person's interest automatically passes to the survivor. There is nothing for the son to inherit, here.

    And if the loan is in just the decedent's name, it is a claim against the estate. But if the survivor also signed the mortgage lien instrument, the property is pledged as security and can be foreclosed.

    You do need a lawyer to review your documents and walk you through this.

  2. Mark Alan Mackin

    Contributor Level 14

    Answered . Yes, you should have legal help. Even one little detail could alter who gets what. Best to know the score so that even if you get nothing, you do not wrongly resent someone in the family.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more

Related Topics

Deed to property

A deed is a written document describing a piece of real estate and documenting the transfer of ownership from one person (the grantor) to another (grantee).

Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

Albert J. Beaudreau

Why You Need a Real Estate Lawyer

Often times a real estate transaction involves the largest investment of your life. Having a real estate attorney involved can be the best insurance you have to ensure the integrity of our... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

25,768 answers this week

3,114 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,768 answers this week

3,114 attorneys answering