Legal Question in Wills and Trusts in Virginia

That is determined by state law. For Virginia, the line of inheritance is first to children; if none, to parents; if none to brothers and sisters; if none to nephews and nieces; if none, to aunts and uncles. As you can see, the general formula is to first look down, then up, then out, repeating the process until someone living is found.

If you die without a valid will, state law determines who gets what. Also, some of your property will pass outside of the scheme established by your state--such as life insurance proceeds, retirement plan benefits, property owned jointly with right of survivorship, money in payable-on-death accounts, and property in a trust. Those will pass according to whatever arrangement you have established in the account documents.

In Virginia:

SINGLE

If single with no children all of your property will go to your parents, or to your one surviving parent. If neither of your parents survives, it goes to your siblings or their descendants (your nieces and nephews). If you have no surviving parents, siblings, or descendants of siblings, then your property will be divided in half, with one half being distributed to your relatives on your mother�s side and the other half to your relatives on your father�s side, beginning with your grandparents, then your aunts, uncles, and cousins.

If you die single but with children, then your property goes to your children and their descendants. This does not include step-children.

MARRIED

If you were married at the time of your death, your property will go to your surviving spouse, IF all children are the children of both spouses. In a blended family, if you have children who are not children of your spouse, then one-third of the property will go to your surviving spouse, and two-thirds will be distributed to your surviving children and their descendants.