My brother just died. Our parents are gone and there are no other siblings. He has lived with a woman for 10 years but never married. He has a son from his third marriage. Am I the next of kin?
1 Answer from Attorneys
For purposes of inheritance, his son is the first in line, assuming your brother got divorced from his three spouses. There is no recognition in Virginia of a common law spouse, so if your brother lived in Virginia at the time of his death, and there is no will, it is likely his son would inherit.