Legal Question in Wills and Trusts in Virginia
my father recently passed away and the title to the mobile home that he and mother lived in is in his name only..my mother lives in this home and is wondering if his two grown children from a previous marriage can make her sell it and give them 2/3 of it or can we have the title changed
1 Answer from Attorneys
Section 64.1-1 of the Code of Virginia governs distribution of the property of a person who passes without a will.
If the person dies without a will and there are children who are not the children of the surviving spouse, the spouse receives one-third and the children receive the other third. Children in the statute means all of the deceased's children and not just the children who are not the children of the surviving spouse.
Robert H. Smallenberg
(804) 368-7612
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