Legal Question in Wills and Trusts in Virginia
Children of deceased parent with no will
My father passed away without a will. His wife has asked to be administrator of his estate (no papers have been filed with the court yet).
What are we the children (2) entitled to; a portion of what was put in the house that is listed in my father and his wife's name, the car(s) listed only in my father's name, bank account only in his name. My father was also jointly listed on my grandmother's bank accounts (his wife was not on anything), he was included so he could pay her bill's, he did not contribute money to the account. Can my dad's widow take money out of this account for the estate, and can she be currently writing checks on the account?
1 Answer from Attorneys
Re: Children of deceased parent with no will
When a married person dies without a will and has children not of that marriage, Virginia's intestate succession statute provides the surviving spouse with one-third and all of the children divide two-thirds. However, Virginia provides for several allowances the surviving spouse may claim as well as the option to claim an augmented estate, which in effect can broaden what is considered the probate estate.
The spouse is given priority to qualify as the personal representative of the estate for thirty days, then others may qualify.
The scenario you describe is very fact specific and will require an analysis to provide specific answers.
If I can be of assistance, please contact me. I am licensed to practice in Virginia.
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