Legal Question in Wills and Trusts in Virginia
I have been on my 89 year old mother to make a will. I have 2 siblings that have past and my mother does not want the spouses or their children to receive any of her estate.
If my mother does not have a will, are the spouses and their children intitled to a portion of my mother's estate?
1 Answer from Attorneys
Under Va. Code Sec. 64.1-1, the children of the deceased siblings would be entitled to inherit whatever these siblings would've inherited if alive at the time of your mother's death (absent a will). The surviving spouses of these siblings would not be entitled to receive any of this inheritance.
However, if your mother is determined that the children of these deceased siblings should receive no part of her estate, then she should make a will which bequeaths each of them $1 and no more.
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