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My husband past away and he doesn’t leave a will and he has…

Customer Question
My husband past away...

My husband past away and he doesn’t leave a will and he has three children and he previous marriage and with mi have two I want to know my right if my daughters have right toi

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

What you mean with a report

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Wells I hace a lawyer and he say I have right 1/3 of everything but in this 1/3 including my daughters and the other part is for the tr three children

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/8/2018
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Are your daughters his children too? Or are they yours from a previous relationship?

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Customer reply replied 4 months ago
Ok
Customer reply replied 4 months ago
if he is the father of my daughters I had them after we got married
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

This can get confusing. This is what the VA law says:

When a person dies with a spouse and descendants and at least one of whom is from someone other than that spouse,

THEN, the spouse inherits 1/3 of your intestate property and the descendants inherit everything else.

So you would get 1/3. The other 2/3 gets split between all of his children (including the daughters that you and he had together).

See:

https://www.nolo.com/legal-encyclopedia/intestate-succession-virginia.html

Here is a link to the law:

https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
thank you but the truth is I'm confused because the lawyer I have says that my daughters have no right because they have my percentage the truth is not laws but if that were unfair because they are also daughters of him as are the first
Customer reply replied 4 months ago
Can this website recommends a lawyer
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

The lawyer either misunderstood the relationship or the law.

This is what it says:

"1. To the surviving spouse of the decedent, unless the decedent 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 the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse."

You can find an estate attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/probate-estate-administration/virginia

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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