Legal Question in Wills and Trusts in Virginia

Dad died left no will

My parents are divorced and dad has been married to my step-mother for nearly 30 years. Dad passed away a fews days ago and we were told he left no will. We were also told that in the state of VA everything automatically goes to the spouse. Do my brother and I have any legal rights to his personal property or belongings?


Asked on 9/01/08, 7:14 pm

2 Answers from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Dad died left no will

She gets 1/3 and the kids split 2/3.

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Answered on 9/03/08, 7:45 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dad died left no will

Yes, under the state of Virginia's scheme for intestate inheritance (See Va. Code Sec. 64.1-1),

you and your sibling should each have a claim of one third to your deceased father's estate after creditors and other assessments against the estate are paid.

Your step-mother would be entitled to the remaining one third.

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Answered on 9/02/08, 3:15 pm


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