Legal Question in Wills and Trusts in Virginia
Scenario:
Man has 2 children by wife 1 and they buy a home. They divorce, wife 1 gives us right to home and man marries wife 2. Wife 2 already has son by previous marriage but then man and wife 2 have son together. So this man has 3 children total and 1 step child. House is now man and wife 2s. children grow up and man dies. Man had no will and according to probate law, wife only inherits 1/3rd of estate (house) and children inherit the other 2/3rds.
Question:
1. Is stepson entitled to the 2/3rds man's children inherited or is he only entitled to his mother's 1/3rd once she passes?
2. What rights do the children have if the home is not occupied by deceased spouse anymore but her son (stepchild)?
1 Answer from Attorneys
1. Stepson can only inherit his share of what his mother takes; he would have no claim to his stepfather's assets.
2. As co-owners of two thirds of the property, the children could file a partition suit in the circuit court where the property is located and in lieu thereof probably force a court-ordered sale of this property or buy out the interest of the heir of the deceased spouse who now occupies it.
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