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VA estate planning and probate laws, dying intestate, without a Will
Ridgeway, VA
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Posted about 1 year ago in Probate
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Probate:
My husbands wife is deceased. She has a 14 year old son,(FROM A PREVIOUS MARRIAGE). My husband and his deceased wife paid cash for the mobile home and the land that we now live in. She also had a 2005 automobile that she paid cash for and her name was the only name on the title. The overseer came and took the automobile. My husbands name is the only name on the title of the mobile home. He had the title changed after her death. We were told that the child is entitled to 2/3 of the land and the 2/3 of the automobile but that he is not entitled to anything from the mobile home that we now reside in. Is this true? Will his deceased wife's child's (guardian) & overseer be able to take our home? The lady that is raising his deceased wife's son continues to threaten us with this. She says that she is going to sell our home. We don't see that she has any authority to do this. She is the overseer of the sons part of his mothers things. My husband and his deceased wife were very much married. The state is Virginia and she did not have a will.
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Answers (2)
Avvo Staff Moderator
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Posted about 1 year ago.
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In general, when someone dies without a will, she is said to have died "intestate," and then the state's intestacy laws determine how her estate is distributed. To know exactly what will happen in your case, you'll need to contact a local lawyer. If you can’t afford a local lawyer, you might find this list of legal aid organizations helpful:
Potomac Legal Aid Society, Inc. 6400 Arlington Blvd. Suite 600 Falls Church, VA 22042 (866) 534-5243 www.potomaclegalaid.org Southwest Virginia Legal Aid Society Inc. 227 West Cherry Street Marion, VA 24354 (800) 277-6754 www.svlas.org Central Virginia Legal Aid Society Inc. 101 West Broad St., Suite 101 P.O. Box 12206 Richmond, VA 23241-2206 (800) 868-1012 www.cvlas.org Legal Aid Society of Eastern Virginia 125 St. Pauls Blvd. Suite 400 Norfolk, VA 23510 (757) 627-5423 (888) 868-1072 www.laseva.org Virginia Legal Aid Society Inc. 513 Church Street P.O. Box 6058 Lynchburg, VA 24505-6058 (888) 528-8527 www.vlas.org Blue Ridge Legal Services Inc. 204 North High Street P.O. Box 551 Harrisonburg, VA 22803 (800) 237-0141 http://www.brls.org/ --------------- At peak times, we receive so many questions that it may take longer for one or more of our loyal Avvo lawyer-answerers to get back to you. The Avvo Staff Moderator's goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond. Keep in mind that we are MODERATING questions and not giving definitive answers regarding any legal situation. The laws of each state are unique, and our moderation is designed to simply point you in the right direction. The Avvo Staff Moderator STOCK RESPONSES Fired Out of state legal services list + one sentence. VA
Posted 8 months ago.
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The general answer in VA is that the decedent's estate will pass 1/3 to a surviving spouse and 2/3 to be split amongst all the children when there are children by a previous marriage.
If I read this correctly, there is only one child by a previous marriage and none by your husband. Therefore, 2/3 of her estate would pass to the child of the first marriage (assuming no other children) and 1/3 to your husband. However, at the same time, the property they owned together is marital property. Your husband would likely have 1/2 interest in that property. (There are conditions that may regard more or less of the property as marital property, so you really need to get a VA attorney and investigate further.) So, in this case, your husband would still retain his share (or 1/2) of the marital property (again, this is approximate) as well as 1/3 of his deceased wife's share. The remaining 2/3 of 1/2 of the property (or 1/3 of the total property)would go to the child. Where there is property (both realty and personal) orginally purchased by both, merely changing title after death will not defeat the interest the child would have in the property. If it was paid for by marital funds, it was marital property. I know that this information came quite late for you and I hope that you have investigated it further with an attorney licensed in Virginia. |
