Legal Question in Wills and Trusts in Virginia

Re: land

Well first you have to determine who inherits the husband's (father-in-law's) 1/2 of the ownership of the house.

Obviously if there is a will it must be followed and that requires admitting the will to probate and having an Administrator (executor) appointed.

If there is no will, and the husband (father in law) had no children from another marriage, then his wife inherits the proeprty automatically. So she would own her half and also the husband's half. She could sell or convey the property to anyone, but to make the title clear she would at least have to attach the death certificate and probably should go through the probate process (there are simplified procedures for small estates, but it should through probate unless it is small, and with a house in the picture it is probably NOT small enough to avoid going through probate).

Re: land

Well first you have to determine who inherits the husband's (father-in-law's) 1/2 of the ownership of the house.

Obviously if there is a will it must be followed and that requires admitting the will to probate and having an Administrator (executor) appointed.

If there is no will, and the husband (father in law) had no children from another marriage, then his wife inherits the proeprty automatically. So she would own her half and also the husband's half. She could sell or convey the property to anyone, but to make the title clear she would at least have to attach the death certificate and probably should go through the probate process (there are simplified procedures for small estates, but it should through probate unless it is small, and with a house in the picture it is probably NOT small enough to avoid going through probate).