Legal Question in Wills and Trusts in Virginia
What am I entitled to?
My father recently died, in his Will he left everything to my aunt, he never even mentioned me even though I am an only child. (My father was divorced) He did leave ammendments in which the probate attorney said they are not legal because they were not witnessed and notorized. Am I entitled to a part of his estate as his only child even though he left everything to my aunt. If so, what percentage am I entitled to?
1 Answer from Attorneys
Re: What am I entitled to?
Generally, children inherit 100% of the estate if the parent dies without a will (intestate). Otherwise, if the will is valid, your aunt takes under the will. Missing fact: what do the "amendments" (codicils) say? You need to see if this is a valid will, and if not, what legal claims can be made to challenge it. The failed codicils may be relevant, as well as your father's mental health at the time, any pressure from your aunt, whether signatures are correct and validly witnessed, etc. Note: the foregoing is not legal advice. Call and make an appointment to discuss the particulars in detail (703/883-0016). I am handling a similar case at this time.
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