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?

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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.


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