Legal Question in Wills and Trusts in Virginia
Step Children's Rights in Wills
My mother�s parents divorced when
she was very young. They both
remarried before she was a teenager.
Her father married a woman who had
a son. I was raised that these people
were my grandparents and I never
heard my grandmother refer to me
as anything other than her grandson.
My grandfather passed first and the
will left everything to my
grandmother; however, if they both
died it was to be split evenly between
the two children, my mother and her
step brother. My uncle passed next.
Then recently my grandmother
passed away. In her will, she only
named the grandchildren given to
her by her son. It is clear my
grandfather wished to pass
something to his daughter, after his
wife was taken care of. Does my
mother have any rights to my
grandfather�s assets once they are
passed to his wife and then she
passes? Please provide answer for if
there is a will and if there were not a
will.
1 Answer from Attorneys
Re: Step Children's Rights in Wills
No, I would think not if your mother was never mentioned in the person's will whom you refer to as your grandmother. (And, the same would be true, if there were no will and your mother had never been adopted by her stepmother---in my opinion.)