Legal Question in Wills and Trusts in Virginia

My father passed away in Dec 2009 without a will. His sister passed away 9 days before him without a will. My father did not have any money in his accounts and co-owned his home with my brother. There was no reason to open an estate for my dad. Now we have found out his estate is going to inherit money from his sisters estate.($25,000) My dad only had 2 beneficiaries. Do we have to open an estate or can the personal rep of my aunts estate just issue a check for 50% of my dads inheritance to each of us?


Asked on 3/09/10, 5:13 pm

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

Check with the personal representative of the sister's estate to see how he or she wantsto handle it and whether a close reading of the sister's will may allow for the disbursement of the monetary bequest in the manner which you've suggested.(If not, it should not be all that difficult to open up an estate in your father's name under the abbreviated probate rules governing small estates.)

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Answered on 3/14/10, 9:10 pm


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