division of intestate estate

I have the final distribution of my father's estate. He died intestate and the Va code 950 section 64 states that the widow/widower of deceased (intestate) should receive 1/3 of the estate and the existing children divide the remailing 2/3.

The widow (executrix) divided the interest 1/3-2/3 but kept all the stock. Is that right??

[Michael P. Pancheri]

The general rule is that assets are distributed pro rata; i.e., the widow should get 1/3rd of each asset in the estate and the children would share 2/3rds of each asset. Of course, the beneficiaries are entitled to make a different agreement among themselves but, absent an agreement among all of them, that's the way the assets are to be distributed.

Otherwise, as you probably know, the widow could take the best 1/3rd of the assets and leave the worst 2/3rds to the children. That wouldn't be very nice. But you should check your state laws on this because your state laws would govern.

In the alternative, go to the probate court and file an objection to the final account that the widow is required to submit to the court showing the distribution.

http://www.livingtrustnetwork.com