Salem, VA asked in Estate Planning for Virginia

Q: I am the executor of my aunts will divided as follows- my father 35% Me 35% brother 1 15% brother 2 15%

Father passed a month after aunt did. So where does his portion go, his wife is still alive. And if it goes to 'him' does it go to my mother (his wife) or to my fathers estate?

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Estate Planning Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an administrator. If a Virginia resident dies testate, with a will, his or her assets, including the present right to an inheritance, belong to his or her estate and would pass, if at all, according to the terms of the will, as executed by the personal representative of the estate - an executor. An estate must be administered in the order of priority established by the Code of Virginia, which varies depending on whether the estate is solvent or insolvent. The Code also allows for the elective share of a spouse in lieu of taking under a will, and certain allowance and exemptions that may be claimed by a surviving spouse and/or minor children. Certain debts and claims may have to be paid first before the heirs or beneficiaries receive the decedent's present rights to an inheritance.

Anyone with an interest in an estate should consult with an experienced Virginia probate lawyer to discuss his or her options and the best course of action.

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