Legal Question in Real Estate Law in Virginia

inherited property

my grandfather has property that some family wants to sell and others dont he also has a wife still living he had no will what are our options


Asked on 1/24/09, 8:10 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: inherited property

If your grandfather died without a will in Virginia, and has a living wife, then...

a) If all his children are from that wife, the wife owns the property 100%. She inherits the property

b) If he has children from a previous wife, then she gets one-third of the property, and the children from a different wife or wives get two-thirds.

However, someone living in Virginia has to go to the Clerk of the Court and the Commissioner of the Account in that County where he died and get appointed as executor, which Virginia calls a "Personal Representative."

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Answered on 1/24/09, 9:08 pm


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