Elaboration on Intestate course of descents. Does children mean 18 and under? Does Code of Virginia 64.1-1 only apply to real estate or all property?

The Code of Virginia § 64.1-1 can be found at: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+64.1-1 My mother remarried and died and I am the only son in my 20s from her first marriage. When it says children, does that refer to me, or only if I am a “child” under 18? My second question is does this section of the code apply to ALL Property, or only real estate such as houses, and not things like a TV, clothing, or a high school yearbook? If it is only real estate, where do I find law for other existing property? I have received conflicting advice and legal clarification would help.

Asked on June 25, 2009 under Estate Planning, Virginia

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It refers to you, whether you are under or over 18. You are the child (son) of your mother. This section only applies to real estate. Section 64.1-11 refers to distribution of personal property.


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