Legal Question in Real Estate Law in Virginia

How is land divided among family when a Will is not been written?


Asked on 6/01/10, 7:53 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

The distribution of property to heirs without a will is fairly common sense.

Property would go first to a living wife, if the first wife.

If there are children from a previous marriage, then the second wife receives 1/3rd and the children from the previous marriage receive 2/3rds.

However, if there are no children from a previous marriage, then the property would be divided among the parents' children. If a child has predeceased, then the child's children's would take his or her share.

If there are no children or spouse, then the property woudl be divided among the decedent's brothers and sisters and if none his or her parents.

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Answered on 6/01/10, 11:29 am


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