Virginia  |  Wills and Trusts

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2/28/10, 12:28 pm

Legal Question


if your father remarries, already has 3 children, and dies without a will, are his children to recieve any of his personal belongings, or are all of his personal property to go to his 2nd wife and her children by previous marriage?


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3/05/10, 8:58 pm

Legal Answer


No, his children from the prior marriage would take 2/3 pf his estate assets and the surviving wife(#2) the remaining 1/3. (See Va. Code Sec. 64.1-1.)

Michael E. Hendrickson

Attorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, 22314

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