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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Question Son's Rights to Dad's Stuff

    My question involves estate proceedings in the state of: VA

    My ex-husband died with no will. He left 3 grown children from our marriage and his current wife (no children). The deed to the house has her name on it with right of surviorship soooo she gets all of that. But what about his personal stuff? My son lived with his dad for the past 7 years before he even met his current wife and helped take care of him. NOW less that 30 days after he dies his wife told my son he had 30 days to move out! His dad always told my son he could have his things. He has alot of Civil War reenactment stuff and other personal things. She has put locks on the sheds and tells my son not to touch anything. My son is heartbroken, not only does he not have any rights to his home (we bought the property when he was very little) but he cant have any of his fathers belongings I want to dig my ex up and kick him in the head for not having a will! My son wants to just take his dads stuff when he gets the rest of his things out while she is not there. Can he do that? What can she do if he does? Advice would be greatly appreciated!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sons Rights to Dads Stuff

    don't do anything stupid. It's not worth it and maybe not neccessary.

    I am having trouble finding any site that explains intestate succession in Virgina very well but from what I have found, it appears his children are due 2/3 of the estate, in general.

    Virginia has this thing they called an augmented estate that tosses in som unusual things.

    Since the Mrs. does not seem to be too cooperative, the best thing would be to speak with an attorney about what the kids are actually due.

    here is a website about probate in Virginia
    and another one.

  3. #3

    Default Re: Son's Rights to Dad's Stuff

    The son can go down to the probate court and file to be the personal representative of the estate. Otherwise it is extremely unlikley he will get anything. Once the court names him the PR, he can take possession of the personal property. Expect her to contest.

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