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RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
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Does a spouse's inheritance pass to his or her surviving

Customer Question

Does a spouse's inheritance pass to his or her surviving spouse if there was no will?
Submitted: 1 month ago.
Category: Estate Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

Under Virginia law, if a person dies with just a spouse, or a spouse and children who are also children of the spouse, yes, the spouse would inherit everything. If there are children, at least one of whom is not a child of the spouse, then the spouse would inherit 1/3 of the decedent's estate, and the decedent's descendant(s) would inherit the other 2/3.

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