Legal Question in Wills and Trusts in Virginia
Probate.
My husbands wife is deceased. She has a 14 year old son,(FROM A PREVIOUS MARRIAGE). My husband and his deceased wife paid cash for the mobile home and the land that we now live in. She also had a 2005 automobile that she paid cash for and her name was the only name on the title. The overseer came and took the automobile. My husbands name is the only name on the title of the mobile home. He had the title changed after her death. We were told that the child is entitled to 2/3 of the land and the 2/3 of the automobile but that he is not entitled to anything from the mobile home that we now reside in. Is this true? Will his deceased wife's child's (guardian) & overseer be able to take our home? The lady that is raising his deceased wife's son continues to threaten us with this. She says that she is going to sell our home. We don't see that she has any authority to do this. She is the overseer of the sons part of his mothers things. My husband and his deceased wife were very much married.
They lived virginia and the property is in virginia. She did not have a will.
2 Answers from Attorneys
Re: Probate.
If your husband's former wife (now deceased)died intestate(without a will),and at the time of her passing she owned the mobie home and the land on which it rests equally with your husband, then she left an estate consisting of 50% of this property, two thirds of which would go to her surviving 14 year old son, and the other one third to her surviving spouse who apparently now happens to be your husband. See Va. Code Sec. 64.1-1. Course of Descents, generally.
Re: Probate.
If your husband's former wife (now deceased)died intestate(without a will),and at the time of her passing she owned the mobie home and the land on which it rests equally with your husband, then she left an estate consisting of 50% of this property, two thirds of which would go to her surviving 14 year old son, and the other one third to her surviving spouse who apparently now happens to be your husband. See Va. Code Sec. 64.1-1. Course of Descents, generally.
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