How to determine rights regarding a real estate transfer?
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How to determine rights regarding a real estate transfer?
My spouse died 3 1/2 years ago, leaving half the house and her belongings to me and the other half to her 2 children. They signed their rights to the estate over to me and I refinanced the house in my name. Then, after finding out that my girlfriend and her 2 children have moved in, they asked to come to the house and take some of her belongings. I said that was fine and they proceeded to pack up half the house. They would like me to give them back their share of the property if something happens to me. Do they have any legal grounds?
Asked on October 15, 2012 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is not an easy question to give guidance on here and it will not be an easy situation for you to decide not necessarily from a legal standpoint either. One would need to look at the paperwork in question but from what you have said if they waived their right to their inheritances - and it was done properly - then they should have no legal recourse to force the issue. Take the paperwork to an attorney to review. Good luck.
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