Legal Question in Wills and Trusts in Virginia
my xhusband passed away he has a sister living but has three children who would be the next of kin the sister or his exwife
Asked on 11/13/11, 4:31 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
If he had a will, it would name his beneficiaries. If he did not have a will, the state where he lived would determine who inherited his estate. If it's Virginia, his children would inherit all unless he was legally married to someone other than their mother at the time of his death, in which case she would inherit one-third and the children taken together two-thirds. His sister would not inherit unless his children were all deceased. You would not inherit unless he left you something in a will he prepared after your divorce.
Answered on 11/14/11, 8:36 am