Legal Question in Wills and Trusts in Virginia

no will

If my father passes away with no will how would the estate be determined. He is a widower (my step mother passed away), and he has a step daughter, a daughter with my step mother and three daughters from a previous marriage now all over 18. He thinks that because he did not have custody of the original three daughters, that without a will they would have no way of touching the estate. He believes that his current estate would only go to the two daughters from the curren marriage who are also over 18. I informed him that even in Virginia, the originial daughters would have access to the estate just as the one's from his new marriage since my step mother is also passed away and their is no will. Can you clarify the law on this matter? I have adivised him to make a will. He is arguing that he is protected by Virginia law, and the current daugters would be the only one's with access to the estate.


Asked on 12/09/08, 9:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: no will

Your father is simply plain wrong as to his conclusions regarding who the Commonwealth will adjudge as his legal heirs, if he were to die without a will.(Custody has nothing to do with such determinations.)

Your father would be well advised to review the requirements of Va Code Sec. 64.1-1 (Course of descents)to acquire some enlightenment as to how the Commonwealth determines who gets what when a person dies intestate(without a will).

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Answered on 12/09/08, 10:17 pm


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