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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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My ex-husband died in Manassas, in February of 2015. He

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My ex-husband died in Manassas, Virginia in February of 2015. He owned a property together with his partner/friend of 18 years. They were never married. My ex-husband did not leave a will. The property was sold and all the proceeds went to his partner. Do my sons have any claim to the estate? As far as I know, the deed was a plain deed with both of their names (my ex's and his partner's) on it.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Here in Virginia there has to be a will here or the partner would not take the property.

I would check the deed records to see if there was a deed with right of survivorship. In that case it would have gone to the survivor.You can also check for a probate filing again in the county where he deceased.

If no survivorship, or will then it goes as follows..

If you die with:here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants, all of whom are descendants of that spouse
  • spouse inherits everything
  • spouse and descendants, at least one of whom is from someone other than that spouse
  • spouse inherits 1/3 of your intestate property
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse or parents
  • siblings inherit everything

Here under laws of intestacy it would not have passed to this person.You should do some investigating to see if you have inheritance rights.It is possible there was a will and you were an heir. In that case yo0u are due a share through probate as an heir.

Anything in the probate file is public record, you can get copies of all of it and see if you have a claim for a share.

I appreciate the chance to help you today.Please let me know if you have more follow up.

Also if you were married 10 years or more you get social security survivor benefits.You apply for that with social security.

Expert:  RayAnswers replied 1 year ago.

Thanks for the chance to help you today.

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