Legal Question in Wills and Trusts in Virginia
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man marries woman of deceased husband who had 2 adult children woman dies with no will-does second husband have right to live in house or does it have to be sold and split 3 ways? He doesnot want to move,the son doesnot want him to move,the daughter wants to sell the house and split the money 2 ways.does the husband have any rights? Thanks
1 Answer from Attorneys
Re: Home
In the absence of a will, the surviving spouse(second husband)of the decedent would have a claim to one third of the assets in this particular estate. If all three of the beneficiaries cannot agree as to the disposition of the property, the personal representative will have no choice but to have it sold and divide the assets among the three---after all the bills chargeable to the estate have been paid.
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