My mother passed away with no Will and left 4 children, what are our rights to her estate?

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My mother passed away with no Will and left 4 children, what are our rights to her estate?

My step-father has a claim against the estate for pursuant to Sections 64-1-151-1 and 64-1-151-2. My mother did not take care of my step-father; they lived separate lives until her death. I took care of all her medical and financial needs for her. As for the property, my step-father feels that he should have the property and the money. How do the step-children have a case against the step-father? Also, how do I stop him from receiving the total of what he is expecting to receive $33,000 from both claims?

Asked on August 23, 2010 under Estate Planning, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I would strongly suggest that you seek help from an attorney who does estate litigation work in your area.  How the courts interpret the statutes will matter.  What is the general rule is that if they were legally married at the time of her death then he is entitled to his share of her estate under the intestacy statute, and every intestacy statutes provides for the spouse of the decedent.  There would have had to have been a valid separation agreement or an order of separation in effect at the time of her passing away in order to exclude him from the collecting on the estate.  Good luck to you.


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