Legal Question in Intellectual Property in Virginia

estate

A couple is divorced since ten years. They have two boys 29 and 30 years old. Mother has home in name of all three. Two boys die in accident. Can divorced father claim on their part of the property.


Asked on 2/08/09, 12:49 pm

1 Answer from Attorneys

Jim Bowman James E. Bowman PLLC

Re: estate

As most things legal, it depends... If the house is owned in joint tenancy, then the mother would own it 100% without probating the estate. If the house was owned as Tenants in Common, then the 67% share that the boys owned would need to be resolved in Probate. If the boys left no children, and assuming they left no debts then their ownership share of the house would go to their parents in equal shares. It's then possible that the mother and father would get half of the 67%, so the Mother would own 67% and the father 33% at tenants in common. But every situation is different. You need to discuss this with an attorney.

Read more
Answered on 2/08/09, 4:20 pm


Related Questions & Answers

More Intellectual Property questions and answers in Virginia