Legal Question in Wills and Trusts in Virginia
next of kin estate
father passed away 7-5-07, he had pending lawsuit for pension funds unpaid, lawsuit was settled on 7/3/07 but they are taking them back to see if they can receive lawyer fees, he was married to our mother at time of death for 35 years, the time he worked for this company. who do the funds got to? there still is a checking account in their name. thank you
2 Answers from Attorneys
Re: next of kin estate
Most likely your mother.
Re: next of kin estate
My favorite lawyer answer: it depends. If the settlement funds had been in the joint account at the time of his death they would belong to your mother as joint on the account Since the funds were held up, the settlement proceeds go into your father's estate. If he did not have a will, your mother is the sole beneficiary of his estate (assuming all his children were also children of his wife). If your father left some or all of his estate to someone other than his wife, some or all of the settlement would go as the will directed, subject to the wife's claims for a portion of his estate based on being the surviving spouse.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
