Legal Question in Real Estate Law in Virginia

My father's first wife passed away years ago. I need to know if her land should have been divided between her children and my dad? Next, my father passed. If part of her share became his share, would his share at the time of death be divided between his widow (my mother) and all of his children OR would all of my father's children be entitled to a part of the land? There are a total of five children. 3 from my father's first marriage and then 2 from his second marriage. Thanks


Asked on 4/26/11, 4:58 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Assuming the property is in Va., that there was no will, and that the first wife did not have any children other than with your father, the property passed to your father on her death - not to her children. When your father passed leaving a widow and children that were not all her children (and again assuming Va. property and no will), the property passed one-third to his widow, and two-thirds in equal shares to all of his children. Each of the 5 children owns a 2/15 interest, and the widow (your mother) owns a 1/3 interest.

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Answered on 4/26/11, 6:05 am


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