Legal Question in Wills and Trusts in Virginia

Re: ''property disburstment''

Depending upon whether there was a will or not and how title was held by the married couple, the surviving spouse would own at least one half of this property outright(with the possibility of an additional one third share of her deceased husband's interest)or she could be the sole owner of it all(if title were held as tenants by the entireties with right of survivorship).

Under any of the above circumstances, the surviving widow could not be legally forced from this property, absent a valid court order requiring such removal(in my opinion).

Re: ''property disburstment''

Well, first you have to see if there was a will of course. But also look at the DEED for the land and also how the trailer was "titled" in the registration or other papers.

If the language "with rights of survivorship" or "tenants by the entirety" are used in the title, then the land and/or the trailer automatically transfers to the surviving spouse instantly at death, 100%.

Without this, the surviving wife would of course continue to own her 1/2, and the husband's 1/2 would be divided 1/3rd to the wife and 2/3rds to the children of the previous marriage.

Because she owns 1/2, she cannot be forced out of the home. 1/2 of it is hers. Actually, at least 2/3rds of it is hers.

But the children may be entitled to the VALUE of 1/3rd (1/2 x 2/3rd) in some form. She might have to buy them out. or they may just have to wait until she sells the property some day.