Legal Question in Wills and Trusts in Virginia

Re: Progression of Death

Sec. 64-1.1 of the Va. Code entitled "Course of descents generally", describes the second level of intestate distribution as follows: "If there be no surviving spouse(of the deceased) then the whole(of the estate) to the children(of the deceased)and their descendants." If your grandfather in fact died intestate(without a will), then this is the provision in the state's statutory scheme of intestate distribution which would most likely control in the situation which you've outlined in your question. And, unfortunately, merely because your grandmother

made provision in her will for you, this would have virtually no effect whatsoever on the estate of your grandfather other than items of her personal property referenced already by Mr. Stolker and which were specifically willed to you by your grandmother in her will.

Based upon the foregoing, the surviving child of

your grandfather would be entitled to claim all of his estate other than, perhaps, some items of personalty owned by your grandmother which she was entitled to pass on to you under her will.

Re: Progression of Death

Correction: I incorrectly referenced Mr. Stolker rather than Mr. Masters in my prior answer.

Re: Progression of Death

None of this matters. What matters is the will.

You say that the will makes you trustee. That is different from executor (they are different roles). But more than likely you were made executor if you were also made trustee.

Whoever is executor MUST go to the Clerk of the

Circuit Court, probate division, and qualify as

executor (personal representative). The will

must be introduced into probate. You must file

an inventory of all the property that your

grandmother had. You must file a report of where

everything went.

However, everything MUST follow the will to the

letter. It does not matter what anyone thinks

or what else may have happened.

The bigger problem is with your grandfather. If he had no will at all, and his wife was already

deceased by then, then all of your grandfather's

belongings would ordinarily pass to his daughter.

(Ordinarily, your grandmother's property would

have passed to your grandfather first and then

to his daughter. However, if the will says that

it goes to you, then it goes to you.)

Re: Progression of Death

Hello: Your last sentence provides the answer to your question. You stated that everything was held (in joint tenancy) "with right of survivorship. Unfortunately, property held in joint tenancy with right of survivorship passes to the other joint tenant at the time of death. Property held in such a manner even bypasses the provisions of a Last Will and Testament.

So when your grandmother died, her jointy-held property passed to your grandfather. When she died, if she had possessed any kind of property (real or personal) that was NOT held in joint tenancy (for example, furniture, heirlooms, or other personal property), then it is only that property that would pass to you upon her death--if you were indeed the only beneficiary in her Will.

Speak to an estate planning attorney for more information.

Randy Masters