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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3152
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My aunt left me a house in 2005. The lawyer who prepared the

Customer Question

My aunt left me a house in 2005. The lawyer who prepared the will
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: l am in Virginia. The Lawyer left the residual clause out of the will when I probated the will the commissioner at the time, told me to contact the lawyer, but the lawyer died and I could not find anyone who may have had his records to review his working document. I have been keeping the property in tact and paid taxes every year. How to I secure the deed in my name.
JA: Has anything been filed or reported?
Customer: what do you mean
JA: What confuses you?
Customer: What has been filed, the will yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that is all the details
Submitted: 9 months ago.
Category: Legal
Expert:  Thomas Swartz replied 9 months ago.


If the will has been probated, it would have been the executor's responsibility to transfer the house into your name by an executor's deed. So you need to find the executor of the will to execute a deed to you.

If by chance you yourself were the executor, you would have the ability to execute a deed transferring the house into your name by signing the deed as executor. You would want to have a real estate attorney in Virginia do this for you, as the property has to be properly described, notarized, and recorded in the county recorder's office. It does not have to be the original attorney who executed the will.


Customer: replied 9 months ago.
I am the executive of the will. I probated the will using my account ing skills. So I guest there are no documents I can complete and file at the court.
Customer: replied 9 months ago.
No I will secure some one here Thanks
Expert:  Thomas Swartz replied 9 months ago.

Well the deed that you would execute as executor would have to filed in the county recorder's office in the county where the house is located. And again it is important that you have a real estate or estate attorney prepare the language of this deed so that it can be properly recorded.


Customer: replied 9 months ago.
Expert:  Thomas Swartz replied 9 months ago.

Good luck.