Legal Question in Wills and Trusts in Virginia

father left out of will

my mother passed away in march she had land in her name alone in in some land her and my fathers name were on the deed. she left me the land that was in her name alone does my father have the right to contest the will since he was left out of the will and is there a time limit on it?

Asked on 9/12/06, 3:24 pm

1 Answer from Attorneys

Robert B. Walker Law Office of Robert B. Walker

Re: father left out of will

If they were not divorced, he can file a claim for his augmented estate share. That claim must be filed w/in 6 months of the admission of the will to probate. The forced share would be one-third on these facts. See Virginia Code 64.1-16, et seq.

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Answered on 9/12/06, 5:16 pm

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