Q: This is an Intestate Succession Question concerning adult child with no spouse or children passing away Jan 2018.
My Half-Sister passed away Jan 2018. My Mother had her before me, was divorced and the Father obtained custody. From what I understand my Mother did not have a relationship with her and I never met her. Since my Sister had no spouse or children, nor did she have a will, I understand the parents inherit but my Mother passed away Mar 2018. My Sister had a relatively large estate upon her death, would I be entitled to any portion of it?
A:
Interstate succession in Birginia is as follows:
all to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
if no surviving spouse, all passes to the children and their descendants.
if none, then all goes to the deceased’s father and mother or the survivor.
if none, then all passes to the deceased’s brothers and sisters and their descendants.
(there are further contingent beneficiaries set out in the Virginia statutes.)
So, if your description of the family tree is correct, you should immediately retain Virginia counsel and open an estate before the assets get diminished.
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