What are my rights to my half-sister’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to my half-sister’s estate?
She passed away on 12/19/10. She owned property and may have made a Will. She lived in VA.
Asked on December 29, 2010 under Estate Planning, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Sorry to hear about your half-sister.
If she left a Will, the Will is controlling and determines who receives the estate.
If there wasn't any Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will. If your half-sister had a surviving spouse, the estate goes to the surviving spouse. If there wasn't any surviving spouse, but if she had surviving children, the estate would be divided among the surviving children. If a child predeceased your half-sister, but there were grandchildren, the grandchildren (children of the predeceased child) would divide that share of the estate. If your half-sister had no surviving spouse and no surviving children, the estate would go to her parents. If there are no surviving parents, the estate would go to you. If there are other brothers or sisters, your share and their shares would be divided equally. For example, if there are three surviving sisters including yourself, each sister would receive 1/3. There is no distinction whether the relationship is half or whole blood.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.