Legal Question in Wills and Trusts in Virginia
How can an adult child claim their share of an inherited portion of real estate in Virginia? Is their a waiting period? Wife has lifetime rights, but "Will" states living children are all to get equal shares.
Asked on 11/09/10, 10:04 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
If the (surviving) "wife has lifetime rights", the surviving heirs of the deceased named in his will are merely contingent remaindermen at this point who must await the extinguishment of this wife's life estate before any of their respective rights to claim a share of this property will materialize.
Answered on 11/14/10, 11:46 am