Legal Question in Wills and Trusts in Virginia

My father died 2 months before he could receive an inheritance from a first cousin. He died in Portsmouth, Va and has a living wife there; I live in Washington, DC. Under Va law do I have a legal right to any portion of the inheritance he would have received?


Asked on 5/24/11, 6:51 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

It depends. The amount he inherited from his cousin willl become a part of his estate, even if he had not received it before his death.

If your father made you a beneficiary of his will, the amount he inherited from his cousin would be a source of funds making up his bequest to you. If your father died without a will, and his wife was not your mother, you may have a right to a portion of his estate, including the amount he inherited from his cousin.

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Answered on 6/01/11, 9:38 am


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