Legal Question in Wills and Trusts in Virginia
I live in Virginia and am the executor for my uncle's estate. I am nearing a time when I will need to divide the estate equally among any heirs. My uncle had two brothers, now deceased, who had/have five children between them, all of whom survive. My uncle also has three sisters, all surviving. Two of the sisters do not have offspring, but one has three children, all surviving. How would this estate be equally divided? Thank you
1 Answer from Attorneys
I am assuming that your uncle left no will, and that the estate would pass according to the Virginia laws regarding those dying without a will. If you brother had no wife and his paents were deceased, the estate would go in equal shares to the heirs of his two brothers and to his five sisters. Thus the estate would be divided into seven portions. Each of the sisters would receive one seventh. The children of each deceased brother would receive among them that brother's share, so not each of the five children of the two deceased brothers would receive the same amount. If, for example, one brother had one child, that child would receive one seventh and the four children of the other brother would receive one seventh to be divided among them equally. The legal term for that distribution among children of deceased heirs is per stirpes,
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