If someone dies and their Will leaves half of heir estate to an adult child who is married but that adult child passed away, does the deceased child’s spouse have rights to the estate or do their children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone dies and their Will leaves half of heir estate to an adult child who is married but that adult child passed away, does the deceased child’s spouse have rights to the estate or do their children?
Asked on September 20, 2019 under Estate Planning, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The deceased's children will inherit, not the deceased's spouse, unless the will leaving an inheritance to the deceased stated that it would go to the spouse. In the absence of such a will provision, inheritance is to blood (or legally adopted) relations, not to relations by marriage.
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.