Legal Question in Family Law in Virginia
Death Benefits
My husband and I have been married two years. He owns a house in Virginia that he has been working on for the last two years to fix up then sell so we can buy a house together. My husband does not have a will, nor has he put my name on the deed to his house. He is divorced and has one son (age 18) from previous marriage. I am divorced and have two 10-year old children. What would happen to his house if he were to die or become incapacited?
2 Answers from Attorneys
Re: Death Benefits
If your husband were to die without a will(intestate), Section 64.1-1 of the Code of Virginia, which embodies the Commonwealth's distribution scheme for folks who pass without a will, would
permit you to inherit one third of your husband's estate as his surviving spouse while his surviving son(unrelated to you, biologically speaking,) and his descendants would take two thirds.
If your husband were to become merely disabled, you, as his wife, would be expected to provide for his care and upkeep.
Re: Death Benefits
The intestacy laws will apply so that you as the surviving spouse gets 1/3 and your husband's son gets the remainder. I would advise your spouse, and you, to obtain a will so that your interests are distributed as you desire.
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