Legal Question in Wills and Trusts in Virginia

My grandmother passed away in 2005 leaving an inheritance to my mother who passed away in 2006. No one was aware of my mothers death until 2009 and my grandmothers estate is just now being settled. My sister and I are the only heirs. My grandmother lived in VA my mother passed in AL. I am a resident of VA. Now what????


Asked on 5/10/10, 2:44 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Your mother received the inheritance from your grandmother in 2005... even if she did not know about it and even if the grandmother's estate was not settled.

The law applies at the date of death, not when the estate is processed, handled, settled or closed, or when the money is actually distributed.

So the Grnadmother's estate was governed under Virginia law upon her death as a resident of Virginia in 2005.

Whatever your mother (her daughter) became entitled to under your grandmother's will occurred INSTANTLY upon the grandmother's death, even if it has not yet been distributed in reality.

When your mother died in Alabama, whatever she owned at her death -- including her legal right to recieve the inheritance from the grandmother was inherited by your mother's heirs.

If your mother had a will, then her will controls UNDER ALABAMA LAW -- which I know nothing about.

If your mother died without a will, then the "off the shelf" intestacy rules OF ALABAMA apply to distribute whatever your mother owned, including the inheritance from the grandmother.

I am not an Alabama attorney but I woudl be shocked if it were different from the usual rule:

Your sister and you would almost certainly receive everything from you deceased mother, UNLESS your deceased mother is (was still) married at her death in 2006.l

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Answered on 5/16/10, 3:54 pm


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