VA Bar Wills Trusts and Estates 2 — Questions and Answers
Question 1: Under Virginia's intestate succession statute, if a decedent dies leaving a surviving spouse and two adult children who are both children of the surviving spouse, the spouse receives:
- One-third of the estate
- One-half of the estate
- The entire estate (Correct answer)
- An equal share with each child
Correct answer: The entire estate
Under Va. Code § 64.2-200, when all descendants are also descendants of the surviving spouse, the spouse inherits the entire intestate estate.
Question 2: Under Virginia law, if a decedent dies intestate leaving a surviving spouse and two children from a prior marriage, the surviving spouse's intestate share is:
- The entire estate
- Two-thirds of the estate
- One-half of the estate
- One-third of the estate (Correct answer)
Correct answer: One-third of the estate
Under Va. Code § 64.2-200(A)(2), when the decedent leaves descendants who are not also descendants of the surviving spouse, the spouse receives one-third of the estate.
Question 3: Virginia's elective share statute provides a surviving spouse with what portion of the decedent's augmented estate?
- A flat one-third share
- A flat one-half share
- A percentage determined by the length of the marriage (Correct answer)
- The entire net probate estate
Correct answer: A percentage determined by the length of the marriage
Under Va. Code § 64.2-308.3, the elective share is a sliding scale from 0% to 50% based on the number of years of marriage.
Question 4: Under Virginia law, a pretermitted child (born after the testator executes a will) who is not mentioned in that will generally receives:
- Nothing, as the will controls
- An intestate share unless the omission appears intentional (Correct answer)
- A forced share of exactly 25% of the estate
- The right to void the entire will
Correct answer: An intestate share unless the omission appears intentional
Va. Code § 64.2-419 grants an after-born or after-adopted child an intestate share unless the will shows the omission was deliberate.
Question 5: Virginia's anti-lapse statute saves a failed bequest when the predeceasing beneficiary is a:
- Friend or business partner of the testator
- Descendant of the testator's grandparents (Correct answer)
- Charitable organization named in the will
- Beneficiary under a separate trust instrument
Correct answer: Descendant of the testator's grandparents
Va. Code § 64.2-418 applies the anti-lapse substitute-gift rule when the predeceasing beneficiary is a descendant of the testator's grandparents.
Question 6: Under Virginia law, the deadline for a surviving spouse to claim the elective share is:
- 6 months from the date of death
- 1 year from the date of death
- The later of 6 months after probate notice or 1 year after death (Correct answer)
- 2 years from the date of death
Correct answer: The later of 6 months after probate notice or 1 year after death
Va. Code § 64.2-308.8 requires the election to be made within 6 months of receiving notice after probate, but no later than 1 year after the decedent's death.
Question 7: Under Virginia's intestate succession rules, if a decedent leaves no surviving spouse or descendants, the estate passes to:
- Siblings exclusively, bypassing parents
- Parents if living; otherwise to siblings and their descendants (Correct answer)
- The state by escheat immediately
- Grandparents exclusively if parents are deceased
Correct answer: Parents if living; otherwise to siblings and their descendants
Va. Code § 64.2-200 directs the estate to the decedent's parents first; if none survive, it passes to siblings and their descendants.
VA Bar Wills Trusts and Estates 2
Under Virginia's intestate succession statute, if a decedent dies leaving a surviving spouse and two adult children who are both children of the surviving spouse, the spouse receives: