What happens if my father remarries and dies without a will? Does his new wife get it all?

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What happens if my father remarries and dies without a will? Does his new wife get it all?

Asked on June 7, 2009 under Estate Planning, Virginia

Answers:

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

Answered 11 years ago | Contributor

If someone dies without a will,  they are "intestate".  Each state has laws governing the distribution of a person's estate under this circumstance.  In Virginia if someone dies intestate and leaves a wife and children, their estate is divided 1/3 to the surviving spouse, and 2/3 to the children.

For more information on this I have provided a link for your review: http://www.yorkcounty.gov/circuitcourt/probate_in_virginia.htm

Note: For any assest that she and your dad may have held as held as "joint tenants" or for any assest in which she was named as beneficiary, she would solely be entitled to same.  These assets are not part of the probate estate.


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