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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7310
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My husband of 23 years passed and he has been estranged from

Customer Question

My husband of 23 years passed and he has been estranged from his adult son for over 20 years. What is the percentage rate of who gets what?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Irwin Law replied 9 months ago.

Good afternoon and thanks for using Just Answer. I will be the expert who will be assisting you with your information request this afternoon. I will be looking up couple of things but will be back with you very shortly. It will not take very long and I thank you for your patience. I have one preliminary question: Are you a second spouse who has not had children by your husband?

Expert:  Irwin Law replied 9 months ago.

According to the Virginia Laws of intestate (without a will) succession, if you had no children with your deceased spouse, which means that he had a son by a prior marriage or relationship, then the surviving spouse inherits one third of his property and the estranged son inherits two thirds. Here is the text of the statute itself . http://law.lis.virginia.gov/vacode/64.2-200/ It is in Paragraph A(1).

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Expert:  Irwin Law replied 9 months ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.