Legal Question in Wills and Trusts in Virginia
my father died about 6 years ago and everything went to my stepmother. she passed about 10 months ago with cancer and 2 weeks before she died she made a will and left everything to my 2 half brothers. am i not entitled to any thing? my father worked all his life for her to have what they have.
1 Answer from Attorneys
There is a key component missing in your description of the facts underlying
your question, i.e., whether your father died with a will or not. If not, then your
stepmother would've only been entitled to 1/3 of his estate and you and any other surviving children from previous marriage(s) would've been entitled to 2/3.
However, if your father did not die intestate and in fact had a will in which he left
everything to his surviving spouse (your stepmother) and made no provision for you, then at this stage of matters, you're plum out of luck.
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