In Virginia, a child has a legal right to inherit from their parent’s estate, unless they have been legally adopted by another person or their parental rights have been terminated. Therefore, an adult child could potentially claim a part of their father’s estate, even if there has been no communication for over 30 years, assuming that they are not barred by any legal limitations or disqualifications.
However, the specific circumstances of the case may affect the outcome of the claim. For example, if the father has a valid will that does not include the adult child as a beneficiary, the will would generally control the distribution of the estate. Alternatively, if the father died without a will, Virginia law would dictate how the estate should be distributed, with priority given to spouse, children, and other close relatives.
In any case, it would be advisable for the adult child to consult with an experienced estate planning or probate attorney in Virginia to understand their legal rights and options regarding the father’s estate.
Written by Attorney Mary Ann Barnes
To schedule your initial consultation, call 434-973-7474 or contact us online. Our offices are conveniently located in Charlottesville, Palmyra, Harrisonburg, and Staunton.
