Full question:
My husband recently passed away, my question is this. Him and his brother were owners of a piece of property in Virginia. The deed reads 1 half to each and it says nothing about suriviors. Does his part fall to me or does it fall back to his brother and also would his daughter have any claim in it. She is my stepdaughter.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Virginia
Answer:
When a person dies, their assets go through probate. If there is no valid will, an administrator is appointed to manage the estate's distribution. In Virginia, if the estate is small (under $50,000), it may go through a simplified process.
If your husband and his brother owned the property as tenants in common (which is likely, given the deed states each owns half), your husband's share does not automatically go to his brother upon his death. Instead, it becomes part of your husband's estate. As his spouse, you may have a claim to his share, but the exact distribution will depend on Virginia's intestacy laws.
According to Virginia law, if a person dies without a will, their property is distributed to their heirs. As the surviving spouse, you typically would inherit a portion of the estate unless there are children from a previous relationship. In that case, you may receive one-third of the estate, while his children (including his daughter) would receive the remaining two-thirds.
To determine the exact distribution and your rights, it is advisable to consult with a local attorney who can review the specifics of your situation.
For more information, you can refer to Virginia's intestacy laws (Va. Code § 64.1-1).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.