Legal Question in Wills and Trusts in Virginia
land
my son died without a will he does have a wife and 2 kids the land orginally was mine and his father who is now deceased does this land fall heirship to me or just his wife and kids the deed is only in my now deceased sons name
1 Answer from Attorneys
Re: land
Va. Code Sec. 64.1-1 prescribes the following distribution scheme for this particular situation:
1. Everything to the surviving spouse of the intestate (died without will)unless your deceased son had children from a prior marriage, in which case they would take two thirds of his estate and the surviving spouse one third;
2. In the event of the untimely subsequent passing of the survivng spouse, everything to the surviving children;
3. In the event that there were no surviving spouse
nor children then you, the survivng parent of your deceased son, could inherit this property which you claim to have previously owned.
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