Legal Question in Wills and Trusts in Virginia
Children of previous marriages relating to property distribution when parent die
What is the law in Virginia relating to distribution of an estate when a father dies, leaving a wife, two minor children, and a child from a previous marriage who is now an adult? How should you title the joint property of the couple to protect the current family from having to sell their home,or car, for instance, in order to give the child from the first marriage his share? What is the best way to word the father's will so that the lifetime earnings of the second marriage are protected ?
1 Answer from Attorneys
Re: Children of previous marriages relating to property distribution when parent
It is not clear whether you question relates to a deceased father or addresses how to plan a living father's estate.
If the father is planning his estate, he can leave his estate to whomever he wishes in his will, although his present wife would have certain claims to a portion of his estate. The adult child would have no claim to his father's estate simply because he was not made a beneficiary in his father's will.
Generally, jointly held property is held with survivorship rights, in which case it passes to the joint owner, regardless of what the will says.
Contact me privately if you want more specific answers.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
