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Do I have a right to property of my son after his death in Virginia if I abandoned him?

Do I have a right to property of my son after his death in Virginia if I abandoned him?

Full question:

I had a son (minor) who passed away in an accident last month. He used to live with his grandparents. I had left him because I wanted to move in with my boyfriend and my son disliked my boyfriend so I had no other choice other than leaving him. My son has two houses in his name, which he got from his dad at the time of my divorce. Do I have a right in that property?

Category: Wills and Estates
Subcategory: of Children
Date: 04/07/2025
State: Virginia

Answer:

In Virginia, if a parent willfully abandons or desserts his or her minor child and such desertion or abandonment continues until the death of such minor child, then the parents may be barred from claiming any interest in the child’s estate. The relevant statutory provision in this regard is stated below.
Va. Code Ann. § 64.2-308 reads:
“B. If a parent willfully deserts or abandons his minor or incapacitated child and such desertion or abandonment continues until the death of the child, the parent shall be barred of all interest in the child's estate by intestate succession.”
Therefore, you may not be having any right in your deceased son’s property if you had deserted or abandoned your son and the desertion or abandonment continued until your son’s death.

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.

FAQs

How does losing a child change you?

Losing a child can profoundly impact a parent's emotional and psychological state. Many parents experience intense grief, which can lead to feelings of isolation, anger, and depression. This loss may alter relationships and change how parents view life and their priorities. Each person's response is unique, but the emotional journey often involves navigating complex feelings of love, loss, and longing.

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How long does it take to get over losing your son?

There is no set timeline for grieving the loss of a child, as it is a deeply personal process. Some may begin to find a semblance of normalcy within months, while others may take years to cope with their grief. It's important to allow oneself to grieve and seek support from friends, family, or professionals during this challenging time.

How does your personality change after losing a child?

The loss of a child can lead to significant changes in personality and outlook on life. Parents may become more introspective, sensitive, or withdrawn. Some may develop a greater appreciation for life, while others might struggle with anger or depression. These changes are part of the grieving process and can vary widely among individuals.

What does losing a child do to you?

Losing a child can lead to overwhelming grief, emotional turmoil, and a sense of emptiness. Parents often experience a range of feelings, including sadness, anger, guilt, and confusion. This loss can affect mental health, relationships, and daily functioning. Seeking support from loved ones or professionals can help in navigating this difficult journey.

How do parents feel after losing a child?

Parents who lose a child often feel profound sorrow and heartache. Common emotions include grief, anger, guilt, and confusion. Many parents also report feeling isolated or misunderstood by others who have not experienced such a loss. Each parent's experience is unique, and it is crucial to allow oneself to grieve and seek support during this challenging time.