Legal Question in Wills and Trusts in Virginia

Death without a will

My step-father passed away today without a will. He and I were very close. He was married; however, he and my mother have been separated for over 15 years living in seperate residences. No paperwork was ever filed to make them legally separated and no attempts were made from either side to persue a divorce after all these years apart. They have been married for approx. 33 years. I am legally adopted by my step-father and he has two biological children, one with my mother and one from a previous marriage who are also grown. My father's girlfriend of several years knew what his burial wishes were; however, she was not sure about his assests. Now I'm concerned that my mom is going to try to take over his estate since they are still legally married. I live in the state of Virginia.


Asked on 8/14/08, 5:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Death without a will

Your step-mother cannot "take over" your deceased father's estate; she could, however, apply to the local probate court to be appointed the administrator of this estate just as you yourself as your father's biological child could also apply.

Read more
Answered on 8/14/08, 7:32 pm


Related Questions & Answers

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