Q: Are my late husband's children entitled to proceeds from his inherited house sale?

A: I'm sorry for your loss.

The answer isn't a simple 'yes' or 'no'. Without further information you may be entitled to 1/3 of his share and his children the other 2/3, however a critical issue is timing - distribution if his aunt died before your husband is one result, but if your husband died before his aunt there is a different result.

Bottom line: consult an experienced probate/real estate lawyer near the area where the Aunt lived. Additionally, if you live in Virginia (your question hinted that you do not) you may be entitled to additional part of his estate for 'allowances' which is also a timing issue.

A: Under Virginia law, when a person passes away without a will, their estate is distributed according to intestate succession rules. In your case, since your husband inherited part of a house and then passed away, his share of those proceeds becomes part of his estate. Because he has children from a previous marriage, these children are likely entitled to a portion of their father's estate, including the proceeds from the sale of the inherited property.

As the surviving spouse, you're entitled to a portion as well, but typically, the estate is divided between you and your husband's children from prior relationships. The exact percentage depends on Virginia's specific intestate succession statutes, usually meaning you and his children share the estate in proportions set by law.

To navigate this clearly, it would help to contact a probate attorney familiar with Virginia laws who can guide you through the details of distribution. Doing so ensures you understand everyone's rights, including your stepchildren's, and can prevent potential disputes during probate.