Can any of the surviving children take step mother to court during probate in Virginia?

Question

A man and a women get married, joining each other with 1 child each from a previous marriage. Together they have 1 child together. Over 30 years pass and the mother dies suddenly without a will. Father gets everything. Father remarries someone from a foreign country, she has two adult children and he has three adult children (only one from spouse who he bought house with). If he passes with a will, leaves everything to new wife, do any of the children have a good chance of fighting probate in Virginia since 1st wife who died didnt have a will? He has no trust, just a will. 1st wife and husband bought the house together, put 100K down on the home. It's almost paid off entirely. He still has property of 1st wife in the house and not everything of hers was distributed 2/3rds after her passing to her two biological kids. Keep in mind they met both having 1 kid each, then later had 1 kid together.

Dominic Paul Lascara · Answer

First of all, if the first wife in your questions dies without a will in Virginia, the laws of intestate succession govern the distribution of her probate assets.  In this case, the husband would receive one-third (not including potential spousal claims) and all of the  children of the wife would recieve two-thirds of the estate.  The will of the husband would only affect and control the disposition of the husband's one-third interest. 
 
Now, if the real property was owned by the husband and the first wife as tenants by the entirety with the right of survivorship, the husband would own the real property outright at the first wife's death and his will would control who gets that property. 
 
The children should hire an attorney to understand their rights, if any, to the subject property.

Q: Can any of the surviving children take step mother to court during probate in Virginia?