Legal Question in Wills and Trusts in Virginia
Will or not
There was a will but it cannot be found. My mother passed away and my father remarried. He made no other will. My father passed away and since we could not find the will we made a list of the heirs and filed it in the clerk of courts. As I understand it my stepmother can stay there as long as she wants tying the rest of our hands from selling the property. If the will can be found, would that force her to move out so we can sell the property or does she still have the right to live on the property when she claims her 1/3 or is that time up to the executor?
1 Answer from Attorneys
Re: Will or not
No, if the alleged previous will were to be found, it would change nothing with respect to the right of your deceased father's surviving spouse to exercise her claim to one third of his estate under Virginia's laws of intestate inheritance, since whatever property would have gone to your mother under that will simply remained with your father as her surviving spouse upon her death, and who then remarried his current surviving spouse, allowing her to make a claim to one third of his estate upon his demise, which, of course, could include the marital residence where apparently she currently resides.
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