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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37878
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband passed away 9/22/2013; there was no will. His daughter

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My husband passed away 9/22/2013; there was no will. His daughter is now wanting to get together to go over what she is allowed get of the estate. The house was in both of our names, so thankfully the house is mine. The only two problems are his bank accounts; one with Wells Fargo bank and the other SunTrust bank. I was named beneficary with both accounts. The only other property that was soley in his name only was a 1999 GMC Yukon. I put that in my name with DMV with a death certificate. I bought a new car, and used the Yukon as the down payment. I personally sold my 1994 Chevy Silverado truck, which was in my name that is going toward the first payment. Is she entitled to anything? My husband also has a mentally challenged son. I am planning on taking care of him through a will that am will be putting is the very near future, once this mess is cleared up. Thank you.
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question and thank you most kindly for requesting me to assist you this afternoon. I look forward to trying to assist you with your concerns.

Under Virginia law, specifically section 64.1-1 (which I provided below), if the daughter and the mentally challenged son are also your biological children, then you are entitled to everything upon passing. If the children are biologically his but not yours, they are entitled to 2/3 of whatever is NOT listed directly to you. Hence, they would be entitled to 2/3 of the value of the vehicle that you traded in, or any other personal property under which you were not personally listed as a beneficiary. You would be entitled to the remaining 1/3.

Here is the law below:



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.
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.
(Code 1950, 64-1; 1956, c. 109; 1968, c. 656; 1977, c. 474; 1982, c. 304; 1985, c. 189; 1990, c. 831.)
Customer: replied 10 months ago.


So in other words because am the beneficiary of both bank accounts they do not fall under the 2/3 law. They are my step-children.

Expert:  Dimitry K., Esq. replied 10 months ago.

Lola, Thank you for your follow-up.

 

That is correct, anything under the beneficiary exception goes to you automatically as it is considered to be outside probate. But anything not listed, such as vehicles purely under his own name, are considered to be part of his estate and would need to be split between you and your step-children, essentially giving each of you a 1/3 of the assets.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37878
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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