Legal Question in Wills and Trusts in Virginia

second wives

My husband has two childern under the age of 18 from a previous marraige. I was told by his mother that if he would die, I would only be intitled to 1/3 of his estate and that his childern would get everything by Virginia law. Is this correct, is there a way my husband and I can change this? I need to be able to pay his debt, with his children getting 2/3rd how can we do this?


Asked on 8/08/08, 10:18 am

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: second wives

If your husband dies intestate (without a will)the Va. Code will spell out the distribution of his estate. Where there are children that are not the surviving spouse's the spouse gets 1/3 and the children 2/3. However this is of the decedent's net estate after payment of the decedent's debts and costs of administering the estate. Your husband should consult with an estate attorney to best guard his and yours interests.

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Answered on 8/08/08, 11:39 am


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