Legal Question in Real Estate Law in Virginia

heirs

My mother and her mother (my grandmother) are deceased. My grandmother and her brother owned land together. Her brother wants to sell the land. I was told since my mother and grandmother are deceased my father (my mothers spouse) is the next heir to the property. Not my mother daughters. Do my father and my sisters share equally?


Asked on 10/12/08, 10:28 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: heirs

Not equally, but most likely one third to your father and two thirds to the daughters as surviving offspring of your deceased mother (assuming that your father is not the biological father of these daughters). See Va. Code Sec. 64.1-1.

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Answered on 10/13/08, 9:17 am
Daniel Press Chung & Press, P.C.

Re: heirs

There is not enough information provided. Assuming no wills; that your grandmother was not married at the time of her death, and assuming your mother was her only child, and your grandmother pre-deceased your mother, then your mother would have owned the half-interest at the time of her death. If your mother had no children by any other father, then your father/her husband at the time of her death would have inherited 100% of her share. If she had children by another father, then each of her children would inherit two thirds divided equally, and her surviving husband would inherit one third. If your mother pre-deceased your grandmother, then her widow/your father would receive nothing upon the death of your grandmother/his mother in law, and 100% would pass to your mother's children.

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Answered on 10/13/08, 10:24 am


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