Legal Question in Wills and Trusts in Virginia

Re: Surviving Spouse, Stepchildren

The will is still valid. The most difficult situation is when the will refers to "husband" or "wife" and the meaning of those terms changes. In your case, however, the clear intent to give the net (residual) estate to you remains unchanged.

When you say your stepfather has two children, were those previous to marrying your mother, or are those your mother's children also? Depending on the wording of the will it is remotely possible that the will could be interpreted as intending to give the estate to all of her children, but you were the only child before she had more. That would depend on how the will is worded and you should have a lawyer check it out.

A spouse CAN be excluded from a will. A will can direct the executor to close his/her eyes, open the phone book, pick a name at random, and give the entire amount to a total stranger.

However, there are certain exceptions in which a spouse can claim a 1/3rd share. I do not know off the top of my head. I would be happy to check. But I believe that a second marriage like this does not qualify for the 1/3rd share. I'd have to check that out.

Your stepbrothers can inherit from your mother if that's what her will says. The #1, #2, #3, etc. rule of inheritance is that the intent of the decedent governs. So if your mother intended to give them a share, they will get a share. If your mother intended to give it all to you, then you get it all and they get nothing. It depends on how the will is worded.

It is not a question of whether your stepbrothers are specifically excluded, but what is the most natural and accurate reading of the INTENT your mother showed in the actual text of the will. Everything rests on how it is worded.

For example, if the will is worded "to my children" even if it says something like "which currently includes.... [only you]" this would tend to show that ALL children should share equally, including if any more arose later.

If these children were never formally adopted by your mother, and are not biological children of her, they would definitely be excluded.

But if it says "I leave the residuary of my estate to [YOUR NAME]" then you receive 100% of it.

It also matters whether there is any clause in the will concerning how to treat adopted children.

Concerning the guardians, there is nothing to "change." However, it will be irrelevant.

Since you are not under 21, the guardian provision is null and void and has absolutely no effect.

However, the most important question is who is named as EXECUTOR (NOT guardian).

It makes no difference whether or not you were a minor when the will was created, for several reasons.