Legal Question in Wills and Trusts in Virginia

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?

Asked on 1/04/18, 6:16 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

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.

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Answered on 1/05/18, 9:13 am

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