Legal Question in Legal Ethics in Virginia

Father dies without a will

His residence was in Virginia. He was married and had two step daughters. There are six children by previous marrige. He had only personal property no real estate. His wife is selling his property without consulting his six children. What is our rights concerning this matter. Has she got total rights to sell his personal property without our knowing it. Can she claim all proceeds from selling his property. Can his step daughters take first choice of his property for their own use. His entire property value would total approx. $20,000 this includes a Bull dozer, tractor, Pick up Truck, Guns ect. He has several items that belonged to his father that was his when he married my step mother 20 years ago.


Asked on 4/08/08, 5:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Father dies without a will

If your father's surviving spouse has applied to the local Virginia probate court to be appointed adminstrator of his estate, and has been so appointed, it could be appropriate for her to be selling your father's personal property as way to liquidate the estate assets so that they may be more easily distributed to the entitled beneficiaries, but in no event would she be entitled to more than one third of the proceeds of such a sale and his surviving biological children would be entitled to divide the remaining two thirds of the estate sale proceeds among themselves.

In order to ensure that the surviving children receive what they're entitled to under Virginia Law, they may need to retain the services of an attorney to represent them in this matter and to prevent their stepmother from ripping off the entire estate.

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Answered on 4/09/08, 5:36 pm


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