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Virginia Beach Estate Planning Lawyer / Blog / Wills / My Loved One Didn’t Have a will in Virginia: What Happens Next?

My Loved One Didn’t Have a will in Virginia: What Happens Next?


With no will to review, each state sets laws for how someone’s property will be distributed when they pass away. You’ll have more control over this process by working with a lawyer to create your own estate plan, but many families find themselves in the position of navigating this process with no will or estate plan at all.

The process of interstate succession outlines what happens in any particular state. When a person passes away without a will, there are many estate administration tasks that must be addressed when a person passes away with no will, and Virginia is no exception to when it comes to laying out what this looks like. You can avoid interstate succession and add more customization to your property transfer by working with a Virginia Beach estate planning lawyer.

When personal property that has not been designated through a legal will must be divided or sold for creditors and then divided. These are the laws that apply in Virginia. If you have no spouse but pass away with children, your children are eligible to receive everything. If you have no children but a spouse, your spouse receives everything. If you have both, both children and a spouse, the spouse receives everything.

If the children are yours, if the children belong to you and your spouse. Otherwise, the spouse inherits one third and the children inherit two thirds. If you have no spouse or parents, but pass away with siblings, your siblings inherit everything, you can add much more personalization to your estate plan by discussing your options with a dedicated estate planning lawyer in Virginia Beach.

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