St. of VA & 2nd Wife/Children Rights to Property

[Raz49]

I need information on the State of Virginia.

My mother passed away several years ago and my father has remarried. They live in the home my mother and father built. It is located on part of a farm that has been in my mother's family for a couple of hundred years.

We (the children of my father & mother) have no problem with a life estate for my fathers second wife (my stepmother). However, we want to be sure that the farm from my mother's family is passed on to us and not to my step-mother's children. Everyone is very friendly right now, but we fear that after my father's passing this could change.

What actual legal rights does my stepmother and her children have to this property following the death of my father? The property is in my father and my mother's names. My stepmother's name is not involved in ownership at all.

Thanks.

 

[BlondiePB]

I need information on the State of Virginia.

My mother passed away several years ago and my father has remarried. They live in the home my mother and father built. It is located on part of a farm that has been in my mother's family for a couple of hundred years.

We (the children of my father & mother) have no problem with a life estate for my fathers second wife (my stepmother). However, we want to be sure that the farm from my mother's family is passed on to us and not to my step-mother's children. Everyone is very friendly right now, but we fear that after my father's passing this could change.

What actual legal rights does my stepmother and her children have to this property following the death of my father? The property is in my father and my mother's names. My stepmother's name is not involved in ownership at all.

Thanks.

While everyone is on good terms, y'all need to have a serious talk about the property that has been in your deceased mother's family. Life estate is a great idea. Otherwise, your father's wife will have rights to the property which will mean that her children will have rights to her share of the property. Depending on how the property is now titled, your father may or may not have to probate the estate of your mother.

 

[Raz49]

I Understand

I understand what you are saying, I'm just not sure what her rights are as things stand now.

 

[anteater]

I understand what you are saying, I'm just not sure what her rights are as things stand now.

At the risk of oversimplifying, the spouse would be entitled to a minimum of one-third of father's estate -- either through Virginia's intestacy laws if father has no will, or by choosing the spouse's elective share if father does have a will.

 

[BlondiePB]

At the risk of oversimplifying, the spouse would be entitled to a minimum of one-third of father's estate -- either through Virginia's intestacy laws if father has no will, or by choosing the spouse's elective share if father does have a will.

Thank you, anteater. I was just getting to this.

 

[anteater]

Thank you, anteater. I was just getting to this.

I was oh so close to beginning a rant about the arrogance of the "We (the children of my father & mother) have no problem with......" statement. But then decided to give the OP the benefit of the doubt.