Legal Question in Wills and Trusts in Virginia
My father died in the last year. My mother died recently. She had a total of 5 children, of of which one son has already died before either parent died. There are 4 remaining children. Will the house and assets be divided among the 4 living children or does the deceased brother's surviving wife, who has since remarried, get a share? They had no children. There was no will either.
1 Answer from Attorneys
The deceased brother's wife is omitted, not being a blood relative. Here's a portion of the relevant statute:
"� 64.2-200. Course of descents generally; right of Commonwealth if no other heir.
A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:
1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse.
2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants.
3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent.
4. If there is none of the foregoing, then to the decedent's brothers and sisters, and their descendants.
5. If there is none of the foregoing, then one-half of the estate descends and passes to the paternal kindred and one-half descends and passes to the maternal kindred of the decedent in the following course: . . . "
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