Legal Question in Wills and Trusts in Virginia

Re: father left no will after 4 years now is wife wants money

Under the Virginia descent and distribution statutes found at Va. Code Sec. 64.1-1 et seq., your step-mother as your deceased father's surviving spouse, can claim one third of his intestate estate.

Someone, however, needs to apply to the local probate court for letters of administration to be appointed personal representative of your father's estate so that it can be properly probated, creditors paid and distributions of assets made to named beneficiaries, taxes paid(if owed), followed by a final report to the commissioner of accounts and then closed out.