Inheritance And Property Ownership

Summary

In Virginia, if someone dies without a will, property is distributed according to intestacy laws. Real property refers to land and permanent structures, while personal property includes movable items. If the clerks office indicates land ownership but tax documents list it as personal property, it may involve a mobile home. Verify property classification with the local tax assessor. Consult a probate or real estate attorney to clarify ownership and responsibilities, and ensure no estate process is needed.

Full Conversation

There was no estate, and I am the only heir
Thanks for sharing the details. Here’s some general information that might help you:
- In Virginia, if there is no will (intestate), the property is distributed according to state intestacy laws.
- Property taxes and any mortgage on the house still need to be paid, even if the mortgage has hit the statute of limitations for foreclosure.
- For a mobile home, ownership can sometimes be separate from the land it sits on.
My relevant question: Have you checked with a probate attorney to clarify the ownership and obligations related to the house and land?
I have not checked with an attorney. I did call the clerks office and she said it looked like I did on the land under real property but when I looked at the tax document, it said personal property.
In Virginia, the distinction between real property and personal property can significantly impact your responsibilities. Here are a few points that might help:
- Real Property: Typically refers to land and anything permanently attached to it (houses, buildings).
- Personal Property: Often includes movable items (e.g., mobile homes, vehicles).
Since the clerk's office indicates you own the land, but tax documents classify it as personal property, you might be dealing with a mobile home considered personal property.
Steps to Consider:
*. Seek Legal Advice: Consult a probate or real estate attorney for clarity on ownership and responsibilities.
*. Check Tax Records: Verify property classification (real vs. personal) with the local tax assessor.
*. Probate Process: Ensure there’s no need for an estate process since your dad passed without a will.
Do you have the contact information for a local probate attorney, or would you like assistance finding one?