Usual inheriatnce line in state of virginia?

both parents recently died worried that my only living siblings, brother and sister, might be the ordinary line of succession unless i do something to stop this, which i want desperately to do. what is the simplest and/or perhaps least expensive method to do this quickly as they are getting ready to transfer assets to me from the estate they are confident that they are the owners indirectly, i fear for my life, i really do!

Without a will, it is divided equally amonst the Children.

Who inherits the property of an intestate (person dying without a will)?

If a person dies without a will, Virginia law provides a course of descendants as follows (after payment of funeral expenses, debts and cost of administration.)

1. All to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse in which case, one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
2. If no surviving spouse, all passes to the children and their descendants.
3. If none, then all goes to the deceased's father and mother or the survivor.
4. If none, then all passes to the deceased's brothers and sisters and their descendants.
5. There are further contingent beneficiaries set out in the Virginia statutes. (Virginia Code
搂64.1-1, as amended.)


Note above the rules apply in the order they died, which really is irrelevant if they are both the parents of all of you, but would be meaningfull if you have half brothers or sisters, as then you would go through the above twice in order. Also Note the (or thier descendants) as if you had a previously deceased sibling who had children those children would split what that siblings Share was.

Are you positive neither EVER had a will, in Virginia many times people file one with the County, so if they lived in the same locallity for a long time it might be worth stopping at the county clerk office and ask them if there is one on file, check for both of them.

And Wills don't expire, and are usually written in a way that allow for children that may be born after the will date, Ex. your father might have written a will when he was young, (especially if he was in the military, that will if it was his last written would still be valid today, and normally would be written to allow for division to a future spouse or children.)

You need to consult an attorney. They are the only ones licensed to give legal advice., but unless your parent's left their estate solely to you and made arrangements to exclude them, I don't see how you can claim the entire estate. You may also like to make up a will while at your attorney's office. Meanwhile, you can hand write and sign your own will, making at least two originals, but in your own handwriting. Do not print or type it. If you know two people that can witness it, that would be good. Give one copy to a trusted friend and the other to someone like your minister or some other trusted person.

If your parents passed away without a will then by the laws in intestate most likely all three of you have an equal share to the whole estate, not sure how you would make the case you get more then 1/3 without a will and in direct contradiction to statute