Legal Question in Wills and Trusts in Virginia
My father passed away in 2004 when i was seventeen and my younger brother was ten. There was no will at the time of his death. Is there anyway of taking a legal action against my mom for my share, and my brothers share of the estate of my father?
Asked on 12/22/09, 11:12 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
If your mom is your biological parent (and not a step-parent), then under the
intestate inheritance laws of Virginia(decedent has no will), your mother
as the surviving spouse would be entitled to her deceased husband's entire estate(and in the absence of a will, neither you nor your brother would be eligible to receive anything in terms of an inheritance until she passes.)
Needless to say, Son, another reason for you to be rather nice to your MOM.
Answered on 12/28/09, 9:42 pm
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