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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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a co-owner of a family business dies, is the spouse entitled

Customer Question

a co-owner of a family business dies, is the spouse entitled any part of the business or the property the business. This is in Virginia
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.If there was no will the spouse here may well have a claim to portion of the estate,This passes here under the laws of intestacy.They divide property of deceased where there is no valid will

64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:

First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.

Second. If there be no surviving spouse, then the whole shall go to all the intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the survivor.

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Fourth. If there be none such, then to his or her brothers and sisters, and their descendants.

Fifth. If there be none such, then one moiety shall go to the paternal, the other to the maternal kindred, of the intestate, in the following course:

Sixth. First to the grandfather and grandmother or the survivor.

Seventh. If there be none, then to the uncles and aunts, and their descendants.

Eighth. If there be none such, then to the great grandfathers or great grandfather, and great grandmothers or great grandmother.

Ninth. If there be none, then to the brothers and sisters of the grandfathers and grandmothers, and their descendants.

Tenth. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.

Eleventh. If there be no paternal kindred the whole shall go to the maternal kindred; and if there be no maternal kindred, the whole shall go to the paternal kindred. If there be neither maternal nor paternal kindred, the whole shall go to the kindred of the husband or wife, in the like course as if such husband or wife had died entitled to the estate.

§ 64.1-2. How collaterals of half blood inherit.
Collaterals of the half blood shall inherit only half so much as those of the whole blood.

§ 64.1-3. When parties take per capita and when per stirpes.
Whenever those entitled to partition are all in the same degree of kindred to the intestate, they shall take per capita or by persons; and when, a part of them being dead and a part living, the issue of those dead have right to partition, such issue shall take per stirpes or by stocks, that is to say, the shares of their deceased parents.

64.1-11. Distribution of personal estate.
When any person shall die intestate as to his personal estate or any part thereof, the surplus (subject to the provisions of Article 5.1 (§ 64.1-151.1 et seq.) of Chapter 6 of this title), after payment of funeral expenses, charges of administration and debts, shall pass and be distributed to and among the same persons, and in the same proportions, to whom and in which real estate is directed to descend. However, if the intestate was married, the surviving spouse shall be entitled to one-third of such surplus, if the intestate left surviving children or their descendants, one or more of whom are not children or descendants of the surviving spouse. If no such children or their descendants survive, the surviving spouse shall be entitled to the whole of such surplus.

§ 64.1-12. Right of Commonwealth, if no other distributee.
To the Commonwealth shall accrue all the personal estate of every decedent, of which there is no other distributee.

Customer: replied 4 years ago.
I do not understand the terminology! Please can you explain the answer to me in my everyday English.
Expert:  Ray replied 4 years ago.
First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.


You get all of it here unless there are children then you get part of his estate.You would have your half of the marital property--anything bought or earned here and then a portion of his marital and separate.So you are definitely an heir to his estate and the family business.You are going to need your own lawyer here to assert your claim to all as a surviving spouse.
Customer: replied 4 years ago.
What I understand from what you wrote is: The living children will take control of his half of the business,correct? The plan is to continue to run the business since the other co-owner is still living. Their are 3 surviiving children and a spouse. So his half of the business will be split 3 ways or 4?
Expert:  Ray replied 4 years ago.
It should be split four ways here according to the statute.So you are down to 1/8ths here or something like that.

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