Q: Can I challenge my fathers wife of less that 8 years on my fathers estate?
My father died by suicide on May 22nd 2018. He was living in Elk Creek at the time in Grayson County. At the time his wife of almost 8 years had been living in New York more than in Virginia with him. She was in Virginia when this happened. I would like to have become a co-executor of the estate but the costs and travel time were prohibitive. I am once again considering this option. Together his wife and he owned 2 riverfront properties that were in a survivorship deed. He owned a house and half acre of land prior to meeting his wife and did not put her name on the deed at any point in their near 8 year marriage. He did not leave a will. She is claiming Exempt property Allowance, Homestead Allowance, Family Allowance in addition to 1/3 of the estate. My brother and I are children by another marriage. She has sent a letter from her lawyer that she is entitled to the entirety of the estate and then some and I am wondering if my brother and I have any legal rights as his only children
A: Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
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