Squatters rights in Virginia

[patita1129]

Virginia. My aunt has owned her own home for over 45 years and has refinanced this home a number of times to help her daughter out of problems. She had a paper drawn up for when she dies so that her Daughter would get the home without paying inheritance taxes. 3 years ago a 2nd morgage was taken out for the duaghter to pay off some creditors that she owed. Durning that transaction the daughters name was added to the deed. Now she is trying her best to cause her mother stress so make her die (she is 82 years old) She says that she can have the house if anyone else is put on the deed because of squatters rights. She has lived with her mother for about 12-15 years but her mother has also lived there as well. Is there any way to get the daughters name off the deed, since she will never agree to it or can she claim squatters rights on her mothers home although her mother has lived there continously for the last 45 years.

 

[anteater]

The talk of "squatters rights" is just a bunch of babble.

Durning that transaction the daughters name was added to the deed.

That is the relevant fact. If the ownership is now joint tenancy with right of survivorship, then mother's interest in the property passes to the daughter when mother passes away. If it is owned as tenants in common, then mother can dispose of her interest in a will. Of course, any mortgage on the property will remain.

Unless it can be shown that the addition of the daughter to the deed was obtained fraudulently or through undue influence, then there is no way to "get the daughters name off the deed" without daughter agreeing to do so.

She had a paper drawn up for when she dies so that her Daughter would get the home without paying inheritance taxes.

Whether whatever was drawn up would be considered a valid will is impossible to say. And it may be irrelevant with the addition of the daughter to the deed.

If you believe that the daughter is abusing mother, you should contact Adult Protective Services:

http://www.dss.virginia.gov/family/as/aps.cgi

 

[HomeGuru]

Yes, I agree. Perhaps a bro bono attorney can be found through the elderly section of the local bar association.