Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

A: When a Virginia resident dies intestate, real property passes according to the laws of intestate succession starting in Virginia Code Section 64.2-200. First, it will go to the surviving spouse, unless there are surviving children of the decedent who are not children of the surviving spouse. If that is the case, the real property passes 1/3rd to the surviving spouse, and 2/3rds to the children of the decedent.

If a spouse has children who are not children of his or her spouse, it is important to execute a will, prepare a transfer on death deed, create a trust, or use some other estate planning device to alter how property would otherwise transfer according to the laws of intestate succession in Virginia.

A: You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get nothing. It's completely random and not what anyone actually wants, but the law was written before the modern version of families was common. Your children will hate you for your lack of planning, and if the matter turns to litigation because you try to fix it with a handwritten note on a pad, everyone will hate you except the lawyers. Their children will attend college with your money.