Legal Question in Family Law in Virginia

My spouse and I do not have a will. Our son is 5. If my spouse and I die tomorrow, who would take custody of our son? I have three siblings older than 18. Is the decision up to a court? Who would get our assests (checking account, 401K, etc)?


Asked on 4/01/10, 12:00 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

A court would have to appoint a guardian for your son, and would look to family members who might be willing and able. Your son would inherit your estate, but would have to have a financial guardian to manage it for him until he reached legal maturity, which in Virginia is age 18, way too young to have significant assets.

You and your spouse need to prepare wills, naming a guardian for your son, whom you would contact in advance to be certain he or she is willing and able.

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Answered on 4/07/10, 7:04 am


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