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?

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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 6 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. 


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