Legal Question in Wills and Trusts in Virginia
Chidren Rights
What rights does an adult son have to his fathers Estate if there was no will and a living spouse
2 Answers from Attorneys
Re: Chidren Rights
The son as the only surviving heir of his deceased father would likely inherit all of his father's estate assets (after creditors have been paid) per Va. Code Sec. 64-1.1.
Re: Chidren Rights
If I read your question correctly, you are saying that the father died leaving a spouse and an adult .
If the spouse is the mother of the adult son, she inherits all under Virginia law. If she is not the mother of the adult son, she inherits one third and the adult son inherits two thirds (assuming there are no other children of the father or grandchildren of deceased children of the father)of the estate after expenses and certain claims of the surviving spouse.