Many couples remain in long-term committed relationships for decades – often until one of them passes away. Too often, a time of grief turns into one of financial uncertainty or crisis if the deceased partner didn’t create an estate plan – even a simple will.
It’s also important for unmarried couples to give each other power of attorney (POA) over medical and financial decisions should they become critically ill or injured and be incapacitated if they want them to have that authority. This can help prevent legal disputes with family during a time of crisis.
Here, we’ll discuss what can happen if a person in a committed non-marital relationship dies without a will in Virginia.
How Virginia’s intestacy law works
Virginia’s intestacy law, like intestacy laws in general, includes only those who are related to the deceased by law (like marriage or adoption or blood). Here are a few examples of how a Virginia resident’s estate will be distributed if they die without a will.
- If there’s a surviving spouse but no children, the spouse gets everything.
- If there are also surviving children, they’ll get a portion of the estate also. (They get the full estate if there’s no surviving spouse.)
- If there’s no surviving spouse or descendants (children or grandchildren), any surviving parents inherit the deceased’s assets.
- The succession rights go to surviving siblings and then grandparents if there are no closer surviving relatives.
This continues on down to any “lineal ancestors” or “descendants of such ancestors.” Nowhere in the law are long-time committed partners or anyone else not related to the deceased mentioned. If no surviving relatives can be located, the deceased’s assets are “subject to escheat to the Commonwealth.”
Too often, people make the mistake of believing that their family will share their assets with their partner should they predecease them. It’s crucial to know that there’s no way to ensure that without thoughtful estate planning with an experienced legal professional.
