Rights Of Surviving Spouses And Children

After a death, the decedent's estate must be administered. All of the decedent's assets and financial accounts must be identified and valued, wills must be interpreted and submitted to probate and trusts funded. The process can be very complex and may take more than a year to complete.

During the probate and estate administration process, assets and finances may be frozen. Surviving spouses and dependent children often need the assistance of an attorney to obtain financial support so they can support themselves before funds and properties are distributed at the completion of administration.

At Dunton, Simmons & Dunton, L.L.P., our attorneys understand the grief families experience after the death of a loved one. The last thing you need is the added stress of worrying how you will pay your bills and care for your children. Our attorneys work closely with clients to obtain the financial resources they need to support themselves during the probate and estate administration process.

Located in White Stone, Dunton, Simmons & Dunton, L.L.P., serves clients throughout Virginia's Northern Neck and Middle Peninsula.

Dunton, Simmons & Dunton, L.L.P. — navigating clients through a sea of change.

Spousal Rights: The Omitted Spouse's Elective Share

In Virginia, surviving spouses and dependent children are entitled to a family allowance during estate and probate administration. In addition to the allowance, surviving spouses and dependent children may be entitled to certain properties, including household furniture, automobiles, appliances and personal effects as well as the right to occupy the family residence.

In Virginia, married individuals cannot completely disinherit their spouses. At Dunton, Simmons & Dunton, L.L.P., we help clients protect their financial interests and petition the court for an elective share of the decedent's estate.

Under state law, a surviving spouse is entitled to an elective share of the deceased spouse's estate. The elective share typically consists of one-third of the decedent's augmented estate.

Helping Adult Children Protect Their Inheritance

Oftentimes, disputes arise between adult children and their deceased parent's spouse. At Dunton, Simmons & Dunton, L.L.P., our lawyers represent clients who wish to either contest or uphold the validity of a decedent's will. Together, we will protect your financial interests and your loved one's legacy.

Experienced Attorneys Protecting Your Financial Interests

Attorneys Morgan Alley, Bill Curdts and Craig Smith handle cases regarding the rights of surviving spouses and children. To schedule a consultation, please contact our law office at 804-435-5069 or 866-603-0774.