Legal Question in Civil Rights Law in Virginia

If she had a will, then the heir(s) would be the beneficiaries (or beneficiary) named in the will. However, if your mother died intestate(no will), then the heir(s) would depend upon whether the three surviving children were born of her current or previous marriage(s). If the latter, the children would be entitled to claim a 2/3rds share of her estate assets while her husband would take a 1/3 share. If the former, her surviving spouse (husband) would inherit all of her inheritable assets, per Va. Code Sec. 64.1-1.