If we have 2 married sons and they die, do their spouses get equal share in inheritance considering that one son has children and one does not?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have 2 married sons and they die, do their spouses get equal share in inheritance considering that one son has children and one does not?
Asked on March 12, 2015 under Estate Planning, Virginia
Answers:
Christine Socrates / Christine Sabio Socrates, Atty at Law
Answered 9 years ago | Contributor
If you passed with out a will then each son's inheritance would go to their children, not their spouse. If they had no children, then it would all go to the other son. You can specifically state in a will or trust to allow a spouse to inherit or not inherit from your son's share of his inheritance. However, if you son inherits your estate and then dies without some type of vehicle protecting that inheritance, such a will or LLC, then the spouse could inherit it after her husband has passed as it would be part of his estate.
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.