Legal Question in Wills and Trusts in Virginia

Re: Property ?

NOT a simple question. Virginia eliminated dower and curtesy and substituted for them the concept of a surviving spouse sharing in the "augmented estate." The composition of the augmented estate is dependent on specific facts having to do with means of acquiring property, dates of acquisition and more. For example, if your father gained title to his house before or during the marriage to your step mother, AND he gained title by gift, inheritance, etc. (e.g. did he receive title the the whole as a result of having joint ownership with your mother) then a portion of his house may be excluded from the augmented estate. On the other hand, more than his house is included in the augmented estate; it may also include pension benefits and life insurance proceeds. The definition of what is in the augmented estate is complicated and fact based.

The surviving spouse (your step-mother) is entitled to a one third interest in the augmented estate IF she makes the election to receive this interest in time: it has to be done within six months of the time the will is probated.

How's life in Maryville? I'm originally from Johnson City.