Legal Question in Family Law in Virginia

Childrens inheritance rights during divorce

Can my fathers second wife be legally seperated from him, but still claim his property as his wife after his death?there is land as well as guns and tools that belong to him.He has no will that i know of.She filed for seperation only so she could get free food and living expenses(welfare).She lives with her dauther who also gets free assistance and my father lives alone.he has a cronic lunge disease and is not expected to live much longer.Myself and my sister are his only children by his first wife.He has no children by the second wife,but there is one boy by him with another woman that he was not married to.I would like to know where my sister and i stand before he dies because it is very hard to communicate with him.He will not talk to us about any of this.It seems to be a list of people waiting to get their hands on whatever he leaves behind and i just want to know where we stand in line.thank you for taking the time to help by answering my question.sincerely Eddieboy54


Asked on 7/04/05, 5:19 pm

1 Answer from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Childrens inheritance rights during divorce

Unlike Divorce, separation does not preclude a spouse from her statutory rights of inheritance. Under 64.1-1 of the Va. Code, your father's wife would appear to be entitled to 1/3 of your father's real estate.

Your 1/2 brother would need to prove that he is your father's son.

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Answered on 7/05/05, 3:21 am


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