Legal Question in Wills and Trusts in Virginia

This response assumes your father lives in Virginia and that the property he owned with your mother was held with right of survivorship. When your mother died, he became the sole owner, and her death certificate should be on record in the Clerk's office of the county in which she died. If that was a different county than the property was located, it would be a good idea to record the death certificate in that county, but not necessarily required for your father to do. Assuming that the property was in the same county as the death certificate, which would have become a part of that county's records, it is a matter of record that he is owner of of the property. As such, he can leave the property to anyone he wants. If he dies without a will, the property would go 1/3 to his present wife and 2/3 to his children.