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A husband dies in Virginia and has no will, does the estate go to wife or kids?

No cash to speak of but has 3 million in real estate. There is only a signed paper that states one of the lots will have a home built by the daughter and her husband and the profits will be split. There is nothing about any other house or property.

Update:

No executor, Va is a common law state.

4 Answers

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  • 1 decade ago
    Favorite Answer

    Marriage & Divorce ??

  • 1 decade ago

    When a husband dies it goes to his wife and children to be shared evenly. Which is unfair in some circumstances really, for if its the wife that dies, and she happened to have had money or real estate, then everything goes to the husband (not the kids). But that's a different story. If the husband was divorced from his wife then nothing will go to her, but real estate will either have to be bought off by one sibling if there were more than one grown up adult children, or otherwise the whole of his estate is sold off and the money divided evenly amongst his children. They are his next of kin. Even had he made a will and left everything to someone else, if their are still children living, then by law its theirs first and foremost always.

  • Anonymous
    1 decade ago

    Did he name an executor of state?

    That's probably your biggest hurdle there. Consult with a lawyer if he hasn't.

  • 1 decade ago

    This paper is nothing but vague.

    If there is no will, then all assets and DEBTS will pass to the legal spouse.

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