Virginia Wrongful Death Laws

Losing a loved one is a tragic time for any family. Determining the loss and division of a loved one’s estate can of add stress to painful situation. Damages are distributed by the state according to intestacy law. Know how the estate should be divided according to Virginia intestate law.

Read the following summary of wrongful death and intestacy laws in Virginia:

• If spouse is living and children, all of the estate goes to the spouse.
• If spouse and children are living, the spouse takes all, unless children are not descendents of the living spouse. In those special cases, 2/3 of the estate is given to the children and 1/3 of the estate goes to the spouse. The children divide shares equally among those of the same generation.
• If the children are living and no spouse, the children take all in equal shares divided amongst those in the same generation.
• If parents are living and no spouse or children, parents take all divided equally.
• If no parents, spouse, or children are living, brothers and sisters and their descendants take all in equal shares of the same generation.

When children of different generations are involved:

• The estate is divided into as many shares as there are living members of the nearest generation of children. Each surviving heir receives one share and a share is put aside for every deceased heir and divided upon his descendants in the same manner.

For more information on wrongful death and intestacy laws, visit justice.gov.

If you feel that you or a loved one has a wrongful death case, contact the attorneys at Meyerson and O’Neill law firm today at 877-373-8059.