Legal Question in Wills and Trusts in Virginia

Re: will of estate

Well, technically speaking everything goes into the estate, all (legitimate) bills are paid that are legitimately due, and then the remainder is distributed according to the will.

The answer to your question will depend critically on the way the will is worded.

Presumptively, if your husband should die first, the distribution to your husband would go to your husband's heirs. You are probably your husband's heir (although if he has children from a prior marriage it can get complicated).

However, if the will explicitly says that there is an alternative to your husband, then the will must be followed.

It is assumed that if someone pre-deceases the writer of the will (the "testator" who wrote their last will and "testament") then the beneficiary's heirs step into their place.

However, there are many ways that the will can be written to direct a different result.

It would probably be fairly obvious from the wording of the will that something else is instructted. But it would depend on studying the will.