My Uncle on my father's side died this past April. My father died in 1998. Their is no will but, the estate [/topics-estate/] is sizable. My Aunt tells me that I am not an heir [/topics-heir/] to my Uncle's estate.

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My Uncle on my fathers side died this past April. My father…

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My Uncle on my father's...

My Uncle on my father's side died this past April. My father died in 1998. Their is no will but, the estate is sizable. My Aunt tells me that I am not an heir to my Uncle's estate.

Submitted: 14 years ago.Category: Estate Law

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11/2/2008

Estate Lawyer: Infolawyer, Attorney replied 14 years ago

Infolawyer, Attorney

Category: Estate Law

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Customer reply replied 14 years ago

I live in Virginia. My Uncle on my father's side died this last April. My father and stepmother died in 1998. My Aunt who is executor of the estate tells me that I am not an heir to my Uncle's estate. My Uncle died in Portsmouth, Virginia. Both of my Grandparent's on my father's side are deceased. My Uncle had no children and his only survivors are brother's, sister's, neice's, and nephew's. There is no will.

Estate Lawyer: Infolawyer, Attorney replied 14 years ago

You can figure out your exact distribution by the link below which is an intestate calculator. You will be asked a few questions and about surviving family.

http://www.mystatewill.com/states/VA/VAintcalc.htm

.That said, the intestate succession in Virginia proceeds as follows:

Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If none of decedent's children or their descendants are alive, or if all of the decedent's surviving children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
If one or more of the decedent's surviving children are not also issue of the surviving spouse, the surviving spouse gets one-third of the intestate estate and the surviving children or their descendants get two-thirds.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

Decedent's children and their descendants
Decedent's father and mother or the survivor
Decedent's brothers and sisters and their descendants
If none of the above are available, than decedent's paternal kin (as a group) and maternal kin (as a group) equally split the estate and distribute it as follows:
1. First to the grandfather and grandmother or the survivor.
2. If there are none, then to the uncles and aunts, and their descendants.
3. If there are none, then to the great grandfathers or great grandfather, and great grandmothers or great grandmother.
4. If there are none, then to the brothers and sisters of the grandfathers and grandmothers, and their descendants.
5. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
6. If there are no paternal kin, the whole shall go to the maternal kind; and if there are no maternal kin, the whole shall go to the paternal kin. If there are neither maternal nor paternal kin, the whole shall go to the kin of the husband or wife, in the like course as if such husband or wife had died entitled to the estate.

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