Michael Blalock
New Member
- Jurisdiction
- Virginia
This will involve death, child custody, the intestate succession process, etc.
My brother-in-law died a few days ago suddenly, leaving behind his wife, two children (by another wife) and his house. There is no will. He put his wife's name on the deed about a year ago. She is also an illegal immigrant and they have been in the process of changing that. He claimed they actually did marry, and his son has told me he was at the courthouse when they went in to do it and saw the certificate afterwards, so that seems true. But since she is not yet legal can the house actually go to her? And how did she get put on the deed in the first place if not legal?
He had occupational accident insurance through his job, which he was on when he died, but oddly his wife wasn't listed as a beneficiary, and he is listed as single, but everything I know leads me to believe they actually did get married, so I'm guessing that's just an error from somewhere but I don't know. How will this get settled?
The children's biological mother is in very bad health and another stroke/seizure could kill her. It is very likely she will let us take custody of the children. What do I need to know about getting custody of the children, what do the authorities check on concerning us in the process, etc.
As for the house, can it go to her since she is on the deed even though she is illegal? I was reading about the intestate succession process and it says something like his property gets divided between his current wife (one third) and his gets (who get two thirds). I'm guessing if her claim to the title is somehow valid, she'll simply get the house. If not, will it be sold and the money divided between the wife and the children?
Also I'm not looking to get anything out of this. He had student loans also so most if not all of the money will go to that anyway before getting distributed to anyone else. At least I think that's how it would work. But even if that weren't so I'm honestly not trying to get anything out of it.
Sorry for being so disconnected but my head is everywhere because of all this. There is a lot more to this but we'll start here. Any help is appreciated.
My brother-in-law died a few days ago suddenly, leaving behind his wife, two children (by another wife) and his house. There is no will. He put his wife's name on the deed about a year ago. She is also an illegal immigrant and they have been in the process of changing that. He claimed they actually did marry, and his son has told me he was at the courthouse when they went in to do it and saw the certificate afterwards, so that seems true. But since she is not yet legal can the house actually go to her? And how did she get put on the deed in the first place if not legal?
He had occupational accident insurance through his job, which he was on when he died, but oddly his wife wasn't listed as a beneficiary, and he is listed as single, but everything I know leads me to believe they actually did get married, so I'm guessing that's just an error from somewhere but I don't know. How will this get settled?
The children's biological mother is in very bad health and another stroke/seizure could kill her. It is very likely she will let us take custody of the children. What do I need to know about getting custody of the children, what do the authorities check on concerning us in the process, etc.
As for the house, can it go to her since she is on the deed even though she is illegal? I was reading about the intestate succession process and it says something like his property gets divided between his current wife (one third) and his gets (who get two thirds). I'm guessing if her claim to the title is somehow valid, she'll simply get the house. If not, will it be sold and the money divided between the wife and the children?
Also I'm not looking to get anything out of this. He had student loans also so most if not all of the money will go to that anyway before getting distributed to anyone else. At least I think that's how it would work. But even if that weren't so I'm honestly not trying to get anything out of it.
Sorry for being so disconnected but my head is everywhere because of all this. There is a lot more to this but we'll start here. Any help is appreciated.