Need legal advice concerning lifetime rights in the state of Virginia.

[Willoughbyva]

Hello. Let me tell you a little about my situation and see if anyone can make sense of it. I have lived in the state of Virginia all my life and that is where this is happening at.

About 4 years ago my father passed away. Before he passed away he was in the hospital. While he was in the hospital he made out a will on a piece of paper. It was witnessed by a nurse at the hospital, there is a copy of the will at the hospital that he was in. I never got a copy of the will.

In the will my father gave me lifetime rights to live at the place that he owned and lived in. He built this house with his own hands. I am trying to get a copy of the will right now so that I know for sure what it says. He left me life time rights to the house. He did this because of my financial situation. If he would have left the house to me it would have been taken away because of my creditors.

Now I have 2 brothers, both of them are older than me. The middle brother is the executor of the estate. He is living here at this house with me because he is going through a divorce. I have a fiancee. The house isn't big enough for my fiencee, her kids, my brother and myself.My fiancee is living in a terrible situation where she is. I figured no big problem she could move a lot closer to me and we could live together until the middle brother got his stuff straightened out in his divorce. Then he could move out and we could move in. Well I have my oldest brother who is telling me that if I move out that I forfeit my lifetime rights, and that I lose the house that I am currently living in. The middle brother who is the executor of the estate says that is bull crap, that unless I sign my rights away, I will always have rights to live here.

If any of you have been in a similar situation I would like some feed back please. I have been sick a lot the past few years and having a place to live without rent is a God send.

Sorry this post is so long, but this is what is going on in my life. I called the local legal aid office, but they are not taking any new cases right now. They said to call back in a few weeks. The middle brother is going to ask his lawyer, but I was just wondering if someone here might help. I know not to take legal advice off the Internet, but it might give me some idea about my rights.

Thank You,

Perry

 

[Alistar7]

So sorry for your loss

Having spent some time in the commonwealth of VA I would suggest seeking expert advice, some of the laws there are odd to say the least.

 

[Willoughbyva]

Thanks Alistar. I will try to find a lawyer in my area, I tried legal aid, but they weren't taking any new cases. I don't have the money for a lawyer to be honest.


Thanks again,

Perry

 

[JulesMaximus]

Time to lawyer up.

I feel bad for you though. It's never fun fighting with family over money...

 

[kranky]

What is the motivation for the brother saying you would lose your rights if you moved out? What does it matter to him?

 

[Linflas]

Although I am a lifelong resident of Virginia we have property similarly left by my father to my mother when he passed away but this is on the Eastern Shore of Maryland. She has use of the property for the rest of her natural life but it is owned jointly by my 3 brothers and I. My understanding of this is that it was basically a way to keep the property in the family while giving her control over it until she passes. A lawyer is really the only one that can answer this for certain but I think the brother than says that lifetime means lifetime is correct. The only wrinkle I see is who actually has ownership of and pays the real estate taxes on the house? From what we were told even though we own the house left to us by my father since my mother has lifetime rights to it we would have to have her in agreement before we could sell it while she is alive. It is almost like she is holding it in trust for us.

 

[Gooberlx2]

Even if it turns out to be true...is your oldest brother such a family hating dick that he'd enforce it?

 

[Alistar7]

Originally posted by: Willoughbyva
Thanks Alistar. I will try to find a lawyer in my area, I tried legal aid, but they weren't taking any new cases. I don't have the money for a lawyer to be honest.


Thanks again,

Perry

Try making a few calls to local probate attorneys, or even try a local law university. This could probably be quickly answered either pro bono or through a free consultation.

 

[Willoughbyva]

Thanks to everyone who has answered. To be honest my financial situation has been dire the past few years. My oldest brother has been paying the taxes for 2 years. He also has sometimes been paying the electric bill. When my significant other moves in here we will be able to afford to pay my eldest brother back. I have had some serious illnesses the past few years and am doing somewhat better now. I know it doesn't seem right in some ways, but I have been doing the best that I can. I have had a lot of mental and physical issues the past few years.

To be honest, I owe my recent wellness to my significant other. Since I have been seeing her I have been doing a lot better. She has been going to my doctors with me and telling them how I have been doing and it has made a world of difference.

Both my brothers have helped me out over the years and I don't want any hard feelings with either of them.

I will see if I can contact an attorney and get a free consultation.

Thanks to all who responded to this thread I feel a little bit better after talking to the paralegal at legal aid. I just wish they weren't so booked that they could see me.

Thank You,

Perry

 

[mrrman]

best of luck...it sucks that most dealing have to do with family and $$$