Legal Question in Wills and Trusts in Virginia
Probate
The husband and wife owns mobile home and the land that the mobile home resides on.The wife dies and she has a minor child (from a previous marriage). She did not leave a will. They live in Virginia. The child is living with the wifes aunt who has become the administrator of the child. Who would get the mobile home? The child or the husband?
2 Answers from Attorneys
Re: Probate
As previously answered, the child would be entitled to two thirds of the deceased wife's one
half interest in the mobile home and her surviving spouse the remining one third interest.
As a practical matter this would give the husband
a roughly two thirds ownership interest in the mobile home and the surviving child of his deceased spouse a one third interest.
In order to gain full and clear title to the mobile home, the husband should buy out the child's one third interest described above.
Re: Probate
As previously answered, the child would be entitled to two thirds of the deceased wife's one
half interest in the mobile home and her surviving spouse the remining one third interest.
As a practical matter this would give the husband
a roughly two thirds ownership interest in the mobile home and the surviving child of his deceased spouse a one third interest.
In order to gain full and clear title to the mobile home, the husband should buy out the child's one third interest described above.
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