Is there a minimum account that adult children of a deceased mother who had no children by her current spouse are entitled to?

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Is there a minimum account that adult children of a deceased mother who had no children by her current spouse are entitled to?

I was told that there is a minimum account (very small around 5%) that adult children of a deceased mother who had no children by her current spouse are entitled to of the estate including augmented estate such as life insurance, even if she had a will and named beneficiaries of the policy. I can only find references to minor children provided for in this situation. It may be a provision for life insurance instead of Wills.

Asked on August 20, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If I understand the situation from what you have written here in this question your Mother has disinherited you, correct?  If she had a Will and disinherited you then you need to know that it must be done in a specific way to be valid in Virginia. So if you are unclear as to same please speak with an attorney in your area.  If she was remarried and held all her assets jointly with her husband then they passed to him automatically and she has no estate to probate.  Good luck.


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