If my father recently passed with no will and my stepmother says everythings hers, is she right?

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If my father recently passed with no will and my stepmother says everythings hers, is she right?

I thought being my dad’s only child that I’m entitled to half.

Asked on March 24, 2017 under Estate Planning, Virginia

Answers:

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

Answered 4 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". Accordingly, the intestcy laws in which the deceased was domiled as of the date of their death will control how their estate passes. In VA, in a situation invovling a stepparent, a decedent’s estate passes to their surviving spouse, 1/3, and 2/3 to their children. At this point, you should consult directly with a local attoreney who can best advise you further.


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