Legal Question in Wills and Trusts in Virginia
I live in virginia. I have 5 brothers and three sisters. My parents died several years ago,and when they died they left the family property and a house,same address, One brother died recently leaving a wife and a 21 year old son. Does the wife and son have any legal right to the property if the family decided to sell the home. One brother leaves in the house. Thank you. I would appreciate a free answer please.
2 Answers from Attorneys
Assuming no will, i.e., the parents died intestate, his son would inherit your
deceased sibling's share of the property and his surviving wife would take nothing.
See Va Code Sec. 64-1.1
If I understand correctly that (1) your parents left the property to all five of their children, and (2) your brother died after your parents and after getting married to his wife and left no will, his wife would inherit his interest in the property, and it cannot be sold without her joining in the deed (except if ordered to be sold by a court.)