[VA] Can I transfer any of my mother’s property that is not mentioned in her will before the estate goes into probate?

VA Estate Probate

Barrister

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Okay, to be very honest with you, it is possible that you may not be able to give the car to your sister's boyfriend if your mother had debts that have to be paid first and there isn't enough money in the estate to pay them off. All debts of an estate have to be paid off first before anyone gets anything that is gifted to them in a will. So that $12,000 will have to be paid off along with any other bills that she might have had out of assets that were in her estate.

The property that was left to you with the transfer on death deed is not considered part of her estate, so creditors can't come after that.

As for the property that was never transferred to your cousin, if your cousin has proof that they bought it in the form of a written contract or proof of making payments to your mother, then once you are named as executor of the estate by a probate court judge, you can legally finalize that contract and transfer the property to that person with a deed from the estate over to them.

But the car and any other assets might have to be sold, with those proceeds going to pay any debts that she owed when she passed.

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My Mom lived in West Virginia. She passed away a few weeks ago and left a will. She left her property to me through a Transfer on Death deed. She left $1,000 to my sister and everything else to me. Her car is paid off. How do I go about making sure the car goes to her boyfriend since he helped pay the payments on it and needs it since it’s the only one they had? She also had another property that she sold to my cousin but never transferred the deed before she died. I don’t know how to make sure her boyfriend gets the car and my cousin gets the property when her estate goes through probate. She owed about $12,000 in credit card debt and I don’t know how much in medical bills. She had Medicaid and Medicare.

Lexi, Chatbot

I'm sorry to hear about your loss and the complexities you're facing with your mother's estate. Have you already started the probate process in West Virginia?

I currently live in Minnesota and won’t be able to go back to West Virginia until next week or the week after. I can start the process then. She did name me as the executor in the will.

Lexi, Chatbot

Do you have a copy of your mother's will and any documents related to the transfer on death deed for the property?

Yes, I have both.

Lexi, Chatbot

Is there anything else the estate lawyer should know before I connect you? Rest assured they'll be able to help with your mother's estate.

Yes.

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

I am very sorry for your loss, please accept my condolences. Were you named as the executor of her estate in the will?

Yes, I was.

Barrister

The property that was left to you with the transfer on death deed is not considered part of her estate, so creditors can't come after that.

But the car and any other assets might have to be sold, with those proceeds going to pay any debts that she owed when she passed.

Ok, thank you. Will I need an attorney to take care of the deed to the property for my cousin?

Barrister

You are very welcome. And yes, unless you know how to draft your own deeds, it is best to have a professional do it. Any local real estate law attorney can draft up the deed for you.

Ok, thank you so much.

Barrister

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.

Have a good evening and be safe!

Barrister

66,544 satisfied customers

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