Estate Law Questions? Ask an Estate Lawyer.
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Thank you for your patience.Under Virginia law, if a person dies with just a spouse, or a spouse and children who are also children of the spouse, yes, the spouse would inherit everything. If there are children, at least one of whom is not a child of the spouse, then the spouse would inherit 1/3 of the decedent's estate, and the decedent's descendant(s) would inherit the other 2/3.
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