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Spousal & Family Rights
Bar to Estate Rights

Virginia Estate Law - Spousal & Family Rights

Family Allowance
Exempt Property
Homestead Exemption
Elective Share
Augmented Estate
Omitted Spouse
Family Residence
Statutory Bar to Estate Rights

Virginia law provides that if a husband or wife willfully deserts or abandons his or her spouse and such desertion or abandonment continues until the death of the deserted spouse, the party who deserted the deceased spouse shall be barred of all interest in the estate of the deceased spouse by intestate succession, elective share, exempt property, family allowance, and homestead allowance.

Virginia law also provides that a parent who willfully deserts or abandons his or her minor child or incapacitated child and such desertion or abandonment continues until death of the child, the parent shall be barred from all interest in the estate of the child by intestate succession unless prior to the child's death the parent had resumed the parental relationship and duties and continued such parental relationship and duties until the death of the child.

This statutory bar to estate rights does not prevent a deserting spouse from receiving a portion of the estate left to a deserting spouse by will, although it may be unusual for this to occur.

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