Legal Question in Wills and Trusts in Virginia

if a real estate is left to "his" 3 kids to share and share alike but all are passed away and the house is still in the fathers name who gets the estate the 3 kids had children so the will states "that the house is to be left to his 3 kids to share and share alike" is all it states in the will


Asked on 10/17/16, 4:31 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

It's a little risky to respond without seeing the whole will, but it sounds as if there are two possible outcomes: the house will be disposed of through the "rest and residue" clause of his will; or, the house will not have been disposed of through the will and will pass by intestate succession, in which case the grandchildren will get the property.

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Answered on 10/18/16, 7:22 am


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