Thank you for your question and thank you most kindly for requesting me to assist you this afternoon. I look forward to trying to assist you with your concerns.
Under Virginia law, specifically section 64.1-1 (which I provided below), if the daughter and the mentally challenged son are also your biological children, then you are entitled to everything upon passing. If the children are biologically his but not yours, they are entitled to 2/3 of whatever is NOT listed directly to you. Hence, they would be entitled to 2/3 of the value of the vehicle that you traded in, or any other personal property under which you were not personally listed as a beneficiary
. You would be entitled to the remaining 1/3.
Here is the law below:
64.1-1. Course of descents generally.
When any person having title
to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate 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 such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all the intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the survivor.
Fourth. If there be none such, then to his or her brothers and sisters, and their descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, the other to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and their descendants.
Eighth. If there be none such, then to the great grandfathers or great grandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathers and grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternal kindred; and if there be no maternal kindred, the whole shall go to the paternal kindred. If there be neither maternal nor paternal kindred, the whole shall go to the kindred of the husband or wife, in the like course as if such husband or wife had died entitled to the estate.
(Code 1950, 64-1; 1956, c. 109; 1968, c. 656; 1977, c. 474; 1982, c. 304; 1985, c. 189; 1990, c. 831.)