Legal Question in Real Estate Law in Virginia

wills and estates

My grandfather's house which is now my aunt's (age 66) is willed to my father (age 64). My father doesn't have an actual will, but he has the bills set up to where my mother (age 61) will retain control of his house and all debts will be paid off, except for current utilities. I am the only child of their only marriage. If both my parents and/or my aunt were to die, do I automatically recieve the estates as the only surviving heir or does the state of Virginia just take everything and leave me with nothing?


Asked on 7/21/07, 12:22 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: wills and estates

One doesn't arrange for the control of property to be inherited by a relative by having the payment of bills set up.

The marital property will either be conveyed to your father's designated heir(presumably your mother) by the instrument of a will or it will pass in an intestate estate according to the Commonwealth's distribution scheme for intestate heirs found at Sec. 64.1-1 of the Code of Virginia and entitled "Course of descents, generally".

Either way, the Commonwealth of Virginia will not be "taking everything and leaving you with nothing".

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Answered on 7/21/07, 1:16 pm


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