If there is no will, a son dies before his mother, do his children inherit part of the estate, in VA.

My mother-in-law passed away without a will, her son predeceased her,
do his children get part of her estate?

Asked on July 14, 2017 under Estate Planning, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". This means that the law of the state in which the deceased was domiciled will control. In such a case, typically the surviving spouse, in any, and the children of the deceased inherit. If a child predeceases their parent, then their children inherit their share. At this point, you can consult directly with a local probate attorney; they can best explain things further.

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