ANSWERS: 5
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no, if the 1st person dies it all goes to the spouse, then to all children, if the 1 st person is still alive they still own it
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This question is best answered by a Probate attorney, licensed and qualified to practice law in the state of Virginia. Here's where you go to find one: http://www.vsb.org/site/public/lawyer-referral-service/ Ask him or her, rather than a bunch of Answerbag® amateurs, who may give you well-intentioned (but lousy) advice. +5
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I a not licensed in VA, so I cannot say for sure what VA law is. However, there is likely a fundamental flaw in your question. Your question asks if the one who did not inherit can "pass his portion." Of course, in most states "he" would not have a "portion."
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Though we don't always like lawyers, this is a good example why we need them! Wills and deeds and inheritances and transfers of property, etc., etc., can be very complicated - so much so that us average, ordinary people don't have a clue! It would be well worth the cost to get the correct answers from the people who know. Good luck!
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Your question is a bit vague. Are you saying that one spouse inhereited property and is not disposing of it? If so, then the other spouse has no interest in the property, and therefore does not sign off on anything.
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