Va Law when no wills

The state this information is being requested in is Virginia.

My wife has 2 half siblings - they all 3 share the same mother. This mother passed in October 2009 with no will. She has life insurance, owned stock in her employers company and may have also been part of a 401(k) plan. We do not know what happened to any of that and assumed it all went to the step-father (for 1 of the 3, my wife) and the actual father (for 2 of the 3 - the 2 half siblings). He has since died in June 2010. He had no will that can be found. So how should the legal system distribute the assets of these 2 estates when no will was found.

Certainly the legal system would not put the lone sibling out on the periphery with nothing because she was a daughter to the mother who passed first. If all her posession went to the spouse, does my wife have any right to the estate left by her natural born mother even though it may have been legally awarded to the spouse?

I'm unfamiliar with these laws in general and especially in another state. But I do have very well connected lawyers in the UNC system that can help in general - just not so much in the Va system.

Thanks in advance for any help you can provide.

First remember that some assets get distributed directly because how they are titled (eg Joint w/right of survivourship), or by beneficiary elections (ira's, insurance,etc). Very possible a lot could have gone to the husband.

Here's the VA intestate:

Virginia State Intestate Succession Laws | eHow.com

Wow, thanks for that info but it doesn't sound good. I presume beneficiary was spouse so most went direct to wife's step-dad when her mom passed. And since she is not his sibling, she isn't entitled to anything.

Is there a way to find out who court appointed probate is and to look into the assets of the estate? Would love to see the inventory prior to distribution. Is this public information?

Last, I wonder if there is any legal prescedent on a claim like this being made? I know you would alienate family but just wonder whether something like this has everyone to court.

Thanks again for your help. That link was great!

If your mother-in-law's assets passed to her surviving spouse through beneficiary designation or joint ownership, then those assets are his and are part of his intestate estate. And your wife does not stand to inherit from him under intestate succession.

Probate case information should be available. But it may be months before an inventory is filed - I don't know Virginia's requirements. Keep in mind that it may not be possible to discern which of stepfather's assets traced back to mother-in-law.

Wow, thanks for that info but it doesn't sound good. I presume beneficiary was spouse so most went direct to wife's step-dad when her mom passed. And since she is not his sibling, she isn't entitled to anything.

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I can appreciate how you may not think that is 'good' or fair, but a couple things to remember.
1.) The mother had chance during her lifetime, to give whatever assets she wanted to whomever she wanted.
2.) The mother had chance when purchasing assets (the title), and when filling out beneficiary forms, to direct distribution however she wanted, and
3.) The mother had chance to create a will, to direct distribution however she wanted.

She didn't do any of these the way you might have wanted, but it could be exactly as she had wanted. She could also have given everything to charity, and nothing goes to offspring. All assets could have also been consumed in her health care, with nothing available to pass on. There are way to many what-if scenarios.

Also, the scenario could just as easily have been different with the father passing first, all assets apparently passing to the spouse mother, and then the mother passing. The other step children wouldn't think that was fair either.

The learning experience is to set up your own affairs, where you can direct things to happen exactly as you want them to. Don't rely on the state to distribute your assets, as they see fit.