Legal Question in Wills and Trusts in Virginia

death of heir

my husband's grandfather's will listed my husband (his father is deceased), his father's brother & sister as the beneficiaries & the will was split into 1/3. His uncle has since deceased & the grandfather's house is selling in a week. Will my husband & his aunt split the proceeds or will the 1/3 still apply?


Asked on 4/16/07, 2:52 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: death of heir

It all depends on whether the will addressed the concepts of "Per Stirpes" vs "Per Capita". Consult with a local attorney.

Read more
Answered on 4/17/07, 6:34 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: death of heir

Unless his father's (now deceased)brother had offspring and the will stipulated a so-called "per stirpes" distribution requirement, your husband and his aunt should be able to split the proceeds from the sale of the property between the two of them.

Read more
Answered on 4/16/07, 5:19 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia