Tenents in common problem

[grets1333]

I live in Virginia. I have property, 3 owners, tenents in common. The other 2 owners have died. I am trying to sell the house. My partner is the other 2 owners daughter. On the mother's will it left her rights to the daughter, but not on the father's who died last. We are now probating the father's will in VA. The closing is still delayed, because they said we might have to have other people sign the deed. Shouldn't the property be mine? or in the very least, my partner's and mine? Won't the probating of the wills take care of all of this? I am confused and angered, mostly because the parents were not suppose to be on the deed in the first place. They did sign the mortgate, because their daughter couldn't...but haven't put one penny into this property. It was in name only to acquire the mortgage. Can you educate me please? Thanks.

 

[HomeGuru]

I live in Virginia. I have property, 3 owners, tenents in common. The other 2 owners have died. I am trying to sell the house. My partner is the other 2 owners daughter. On the mother's will it left her rights to the daughter,

**A: then the deed should have been changed as directed by the probate court to you, the daughter and the daughter father; title by way of T/C.
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but not on the father's who died last. We are now probating the father's will in VA. The closing is still delayed, because they said we might have to have other people sign the deed.

**A: then the deed will be changed again and the 1/3 father's share in the property will go to the party or parties pursuant to the VA intestate laws.
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Shouldn't the property be mine? or in the very least, my partner's and mine? Won't the probating of the wills take care of all of this?

**A: the end result should be title in your name and the daughter's, but remember that there will be 2 separate probate hearings.
*********

I am confused and angered, mostly because the parents were not suppose to be on the deed in the first place. They did sign the mortgate, because their daughter couldn't...but haven't put one penny into this property. It was in name only to acquire the mortgage.

**A: not relevant.

 

[grets1333]

follow-up

I am not clear. First, the probate did not direct me or us to do anything. We will probate the will (s) on Friday. The wills have already been probated in Florida, where the parents lived.
Now we are probating here in Virginia. I guess you are saying that the Mother's share went to the daughter as her will stated. But the father died without mentioning this property. So does the property automatically come to the daughter and I or does it get split between the children? Remember that their names weren't suppose to be on the deed in the first place. Secondly, we have a notarized document and a letter from the attorney stating that the other children have no legal interest in the property. I think the biggest screw-up was that the father's will never mentioned this property, (because they knew they had no legal interest in the property) because everyone thought the ailing father would pass first. Unfortunately the mother had a massive coronary and passed first. Being that the wills were not consistent, we are left trying to rectify that.
Do you understand what I am conveying or did I ramble too much? Thanks for the help.

 

[HomeGuru]

Re: follow-up

I am not clear. First, the probate did not direct me or us to do anything. We will probate the will (s) on Friday. The wills have already been probated in Florida, where the parents lived.
Now we are probating here in Virginia. I guess you are saying that the Mother's share went to the daughter as her will stated. But the father died without mentioning this property. So does the property automatically come to the daughter and I or does it get split between the children? Remember that their names weren't suppose to be on the deed in the first place. Secondly, we have a notarized document and a letter from the attorney stating that the other children have no legal interest in the property. I think the biggest screw-up was that the father's will never mentioned this property, (because they knew they had no legal interest in the property) because everyone thought the ailing father would pass first. Unfortunately the mother had a massive coronary and passed first. Being that the wills were not consistent, we are left trying to rectify that.
Do you understand what I am conveying or did I ramble too much? Thanks for the help.

**A: hire an attorney already.

 

[grets1333]

What was I thinking?

gee thanks..and to think this was a forum to help people. What was I thinking? I guess when someone doesn't just "jump" on what you say, you respond with sarcasm. I was trying to avoid hiring an attorney, at the last minute...but probably will. Like I said, I "thought I read that this was a free forum" so I was asking for help. So sorry to bother you..
next time, why not just let someone else respond, that doesn't mind helping people.

 

[HomeGuru]

Re: What was I thinking?

gee thanks..and to think this was a forum to help people. What was I thinking? I guess when someone doesn't just "jump" on what you say, you respond with sarcasm. I was trying to avoid hiring an attorney, at the last minute...but probably will. Like I said, I "thought I read that this was a free forum" so I was asking for help. So sorry to bother you..
next time, why not just let someone else respond, that doesn't mind helping people.

**A: when you finally go and talk to an attorney, only then will you understand my position.