Q: Virginia Estate distribution to heirs:there were 3 siblings, no other family, spouse or children. That is a 33.3% split
1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.
A:
Your question is not clear; I see two possibilities.
1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get 1/3 divided among them, or 1/9 each.
2) Only A, B & C as above; C dies leaving M, N & O. M, N & O divide C's estate at 1/3 each; A & B don't get anything.
A: If a person in Virginia dies intestate (without a Will) and is unmarried at the time of their death, with no children or other lineal descendants, and no parents, but is survived with by two siblings and three nieces/nephews from a third siblings that predeceased the decedent, then the estate would be shared as follows: Each surviving sibling would receive 1/3 each and the three children of the deceased sibling would share the other 1/3 interest (or 1/9 each of the estate).
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