Legal Question in Wills and Trusts in Virginia
wills
Father deceased-mother alive, mother's will/ 3 children (1 divorced with 2 children, 1 divorced no children, 1 married with 4 children) In the state of Va. if the one married child dies before the mother does his share go to his spouse or his children. The wife is his beneficiary and the mother's will speaks of the child's 'issue'
1 Answer from Attorneys
Re: wills
There would be nothing (no share) to bequest to anyone until the mother(the testator)passes and the will would, of course, be inoperative until that unhappy event occurs. Nevertheless, if at that time the testator evinced her intent through her valid will to bequest to the children of the child who predeceased her whatever this child would have otherwise received under her will if s/he had not met with an untimely demise, then the widow of this predeceased child would take nothing and all of his or her particular share would go to these particular grandchildren of the testator.
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