Legal Question in Wills and Trusts in Virginia

Re: intiliement

It depends upon how your mother and her second husband hold title to the house from her first marriage. If the two hold title to this house as tenants by the entireties or as joint tenants with right of survivorshop, the answer, is, yes, upon her demise, her second husband would automatically own the whole house. However, if this husband holds title only as a tenant in common with others, then he would be entitled only to his proportionate share of the property.

You say nothing about your mother's will so I assume such is not a factor in these considerations.